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W.R. GRACE & CO. — CONN. v. U.S.E.P.A.

No. 91-1601.

959 F.2d 360 (1992)

W.R. GRACE & CO. — CONN., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided March 23, 1992.

Attorney(s) appearing for the Case

Angus Macbeth with whom Christopher L. Bell, Robin M. Richardson, Sidley & Austin, Washington, D.C., and Roderic J. McLaren, Cambridge, Mass., were on brief, for petitioner.

Craig D. Galli with whom Barry M. Hartman, Acting Asst. Atty. Gen., Caroline H. Wehling, Washington, D.C., and Margery L. Adams, Brookline, Mass., were on brief for respondent.

James R. Bieke, John Townsend Rich and Shea & Gardner, Washington, D.C., on brief for General Elec. Co., amicus curiae.

John R. Quarles, Jr., Lowell F. Martin, Alex S. Karlin, and Morgan, Lewis & Bockius, Washington, D.C., on brief for the RCRA Corrective Action Project, the Chemical Mfrs. Ass'n, the American Petroleum Institute, and the National Ass'n of Mfrs., amici curiae.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and POLLAK, Senior District Judge.

COFFIN, Senior Circuit Judge.

Petitioner, W.R. Grace & Co. ("Grace" or "the company"), received from respondent, the Environmental Protection Agency ("EPA" or "the agency"), a corrective action permit under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901-92k. Grace petitioned the Administrator of EPA for review of the permit, claiming that certain of its provisions violated RCRA, EPA regulations, and the Due Process Clause of the...

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