STATE OF NEW YORK and State of Florida, Petitioners,
v.
William K. REILLY, Administrator, U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency, Respondents,
Institute of Resource Recovery, Governmental Refuse Collection and Disposal Association, Inc., Pinellas County, Florida, National Association of Counties and the National League of Cities, Marion County, Oregon, Greater Detroit Resource Recovery Authority, United States Conference of Mayors and the National Resource Recovery Association, City of Indianapolis, et al., Intervenors.
NATURAL RESOURCES DEFENSE COUNCIL
v.
William K. REILLY, Administrator, U.S. Environmental Protection Agency, Respondent,
Institute of Resource Recovery, Governmental Refuse Collection and Disposal Association, Inc., Pinellas County, Florida, National Association of Counties and the National League of Cities, Marion County, Oregon, Greater Detroit Resource Recovery Authority, United States Conference of Mayors and the National Resource Recovery Association, City of Indianapolis, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 6, 1992.
Decided July 14, 1992.
Attorney(s) appearing for the Case
David D. Doniger, Washington, D.C., with whom Robert Abrams, Atty. Gen., State of N.Y., James A. Sevinsky and Joan Leary Matthews, Asst. Attys. Gen., State of N.Y., Albany, N.Y., and Jonathan Glogau, Asst. Atty. Gen., State of Fla., Tallahassee, Fla., were on the joint brief, for petitioners, in Nos. 91-1168 and 91-1170.
John P. Dean, with whom Steven M. Oster and Bruce Parker, Washington, D.C., were on the brief, for intervenor Institute of Resource Recovery in Nos. 91-1168 and 91-1170.
Karen L. Egbert, Atty., Dept. of Justice, with whom Barry M. Hartman, Asst. Atty. Gen., Dept. of Justice, Alan Eckett, Associate Gen. Counsel, Michael Winer, Asst. Gen. Counsel, and Robert J. Martineau Jr., Atty., E.P.A., Washington, D.C., were on the brief, for respondents in Nos. 91-1168 and 91-1170. Craig Galli, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondents.
Scott M. DuBoff, R. Stuart Broom, Washington, D.C., John D. Pirich, Lansing, Mich., Harold Himmelman, David M. Friedland and Barry S. Shanoff, Washington, D.C., were on the brief for intervenors Greater Detroit Resource Recovery Authority, et al., in Nos. 91-1168 and 91-1170.
Frank Shafroth, Denver, Colo., entered an appearance for intervenor National League of Cities in Nos. 91-1168 and 91-1170.
Susan G. Bischoff and Robert C. Cannon, Salem, Or., entered appearances for intervenor Marion County, Oregon in Nos. 91-1168 and 91-1170.
Before SILBERMAN, HENDERSON and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
Petitioners State of New York and State of Florida (petitioners or petitioner States) challenge the decision of the Environmental Protection Agency (EPA or Agency) to forgo promulgation of two provisions of two proposed rules. The relevant provisions would have required incinerator operators to separate a percentage of certain types of waste from their...
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