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SIERRA CLUB v. U.S. E.P.A.

Nos. 92-1003, 92-1005.

992 F.2d 337 (1993)

SIERRA CLUB, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Edison Electric Institute, et al., Waste Management of North America, Inc., Intervenors. NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. William K. REILLY, Administrator, U.S. Environmental Protection Agency, Respondent, Edison Electric Institute, et al., Waste Management of North America, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1993.

Attorney(s) appearing for the Case

James F. Simon, New York City, and Howard I. Fox, Washington, DC, argued the cause, for petitioners. With them on the joint briefs were Mark Kataoka and Jessica Landman, Washington, DC.

Gretchen S. Pirasteh and Mark A. Nitczynski, Attys., Dept. of Justice, Washington, DC, argued the cause, for respondent. With them on the brief were Raymond Ludwiszewski, Acting Gen. Counsel, and Andrew G. Gordon, Atty., U.S.E.P.A., Washington, DC.

William R. Weissman and Douglas H. Green, Washington, DC, entered appearances, for intervenors Edison Elec. Institute, et al.

Daniel H. Squire and James A. Rogers, Washington, DC, entered appearances, for intervenor Waste Management of North America, Inc.

Before: MIKVA, Chief Judge, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed PER CURIAM.

Opinion dissenting in part filed by Chief Judge MIKVA.

PER CURIAM:

Households in this country generate some 180 million tons of solid waste every year. The dangers posed by this ever-growing mountain of garbage prompted congressional legislation, including 1984 amendments to the Resource Conservation and Recovery Act (RCRA), Pub.L. No. 98-616, 98 Stat. 3221, directing the Environmental Protection Agency to promulgate...

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