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WASTE MANAGEMENT OF ILLINOIS, INC. v. U.S. E.P.A.

No. 89-1297.

945 F.2d 419 (1991)

WASTE MANAGEMENT OF ILLINOIS, INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied December 6, 1991.

Attorney(s) appearing for the Case

Richard B. Stewart, Asst. Atty. Gen., U.S. Dept. of Justice, Joseph Freedman, Atty., E.P.A., and Kaye Allison, Washington, D.C., Attorney, Dept. of Justice, were on the motion to dismiss.

Angus Macbeth and Peggy L. O'Brien, Washington, D.C., were on the response to the motion to dismiss.

Before BUCKLEY, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed PER CURIAM.

ON MOTION TO DISMISS

PER CURIAM:

The petitioner, Waste Management of Illinois ("WMI"), challenges the validity of an Environmental Protection Agency ("EPA") regulation promulgated in 1980 under the Resource Conservation and Recovery Act ("RCRA"). See 42 U.S.C. §§ 6901 et seq. The regulation, 40 C.F.R. § 271.19(a), authorizes a regional...

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