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EDISON ELEC. INSTITUTE v. U.S. E.P.A.

No. 91-1586.

996 F.2d 326 (1993)

EDISON ELECTRIC INSTITUTE, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Douglas H. Green argued the cause for petitioners. With him on the brief were Mary F. Edgar, James P. Rathvon, and Norman L. Rave, Jr.

Daniel W. Pinkston, Atty., U.S. Dept. of Justice, argued the cause for respondent. With him on the brief were Vicki A. O'Meara, Acting Asst. Atty. Gen. and Michael A. McCord, Atty., U.S. Dept. of Justice, George B. Wyeth, Gen. Counsel, Raymond Ludwiszewski, Acting Gen. Counsel, Steven Pressman, Acting Asst. Gen. Counsel and Lisa K. Friedman, Associate Gen. Counsel, U.S. E.P.A.

Before EDWARDS, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Three national electric utility associations and seventy-three individual power companies petition for review of the Environmental Protection Agency's interpretation of section 3004(j) of the Resource Conservation and Recovery Act, a provision that governs the storage of hazardous wastes. The EPA's interpretation renders it unlawful to store wastes for indefinite periods pending...

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