The FERTILIZER INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Intervenors.
AMERICAN PETROLEUM INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Intervenors.
RSR CORPORATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Intervenors.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Intervenors.
AMERICAN MINING CONGRESS, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Northeast Utilities Service Company, et al., Intervenors.
LEAD INDUSTRIES ASSOCIATION, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Intervenors.
AMERICAN IRON AND STEEL INSTITUTE and Institute of Scrap Recycling Industries, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Alabama Power Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 15, 1990.
Decided June 11, 1991.
Attorney(s) appearing for the Case
Richard A. Flye, with whom Gordon D. Quin, for The Fertilizer Institute, G. William Frick and Ellen Siegler, for American Petroleum Institute, Lynn L. Bergeson and Kurt Olson, for RSR Corp., Michael W. Steinberg and Arline Sheehan, for Chemical Mfrs. Ass'n, Anthony J. Thompson, Donald C. Baur and Ira Dassa, for American Min. Congress, Edwin H. Seeger, Kurt E. Blase, and James C. Beh, for Lead Industries Ass'n, Inc., Karl S. Bourdeau and Paul E. Shorb, III, for American Iron and Steel Institute and Institute of Scrap Recycling Industries, and Toni K. Allen and James P. Rathvon, for Northeast Utilities Services Co., et al., were on the joint brief for petitioners and intervenors in 89-1404, 89-1482, 89-1495, 89-1501, 89-1504, 89-1505 and 89-1507. Peter L. Gray, for The Fertilizer Institute, David B. Weinberg, for RSR Corp., John R. Quarles, Jr., for Chemical Mfrs. Ass'n, Roderick T. Dwyer, for American Min. Congress, Barton C. Green, for American Iron and Steel Institute and J. Thomas Wolfe, for Institute of Scrap Recycling Industries, also entered appearances for petitioners.
David W. Zugschwerdt, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., and Michael A. McCord, Atty. Dept. of Justice, E. Donald Elliott, Gen. Counsel, Earl Salo, Asst. Gen. Counsel and Brian P. Grant, Atty., E.P.A., were on the brief, for respondent in all cases. Kirsten Engel, Atty., E.P.A., also entered an appearance, for respondent.
Henry V. Nickel, F. William Brownell and Norman Fichthorn, entered appearances for intervenors, Ala. Power Co., et al., in 89-1404, 89-1482, 89-1495, 89-1501, 89-1504, 89-1505 and 89-1507.
Before EDWARDS, BUCKLEY and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge HENDERSON.
HENDERSON, Circuit Judge:
The Environmental Protection Agency (EPA), acting pursuant to authority granted by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601-9675, promulgated a rule regulating the reporting requirement for the release of radionuclides.1 54 Fed.Reg. 22,524 (May 24, 1989). In specific, the...
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