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HAZARDOUS WASTE TREATMENT COUNCIL v. REILLY

No. 90-1443.

938 F.2d 1390 (1991)

HAZARDOUS WASTE TREATMENT COUNCIL and Laidlaw Environmental Services, Inc., Petitioners, v. William K. REILLY, Administrator, U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency, Respondents, State of North Carolina and Friends of the Earth, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1991.

Attorney(s) appearing for the Case

David R. Case, for petitioners.

W. Christian Schumann, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., and Joseph L. Friedman, Atty., E.P.A. ("EPA"), were on the brief, for respondents.

Daniel F. McLawhorn, Sp. Deputy Atty. Gen. for North Carolina (for the State of N.C.), Rena I. Steinzor and David Kolker (for Friends of the Earth), and Thomas D. Schroeder (for Counties of Robeson and Scotland and City of Lumberton, North Carolina) were on the joint brief, for intervenors.

John D. Runkle entered an appearance for intervenor Conservation Council of North Carolina, Inc.

Before EDWARDS, BUCKLEY, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

North Carolina has enacted a statute that requires a thousand-fold dilution of discharges from commercial hazardous waste treatment facilities into surface waters above public drinking water intakes. Petitioners contend that this legislation makes the State's hazardous waste treatment program inconsistent with programs administered by the federal government and other States and therefore...

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