AMERICAN PAPER INSTITUTE, INC. v. U.S. E.P.A.

Nos. 89-1499, 89-1590, 89-1612, 89-1773, 90-1265.

996 F.2d 346 (1993)

AMERICAN PAPER INSTITUTE, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Natural Resources Defense Council, Inc., Intervenor. DELMARVA POWER & LIGHT COMPANY, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Natural Resources Defense Council, Inc., Intervenor. WESTVACO CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; William K. Reilly, Administrator, Respondents. The CITY OF AKRON, OHIO, A Municipality, Petitioner, v. William K. REILLY, Administrator, United States Environmental Protection Agency; United States Environmental Protection Agency, Respondents, Natural Resources Defense Council, Inc., Intervenor. USX CORPORATION, Gary Works, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and William K. Reilly, Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1993.


Attorney(s) appearing for the Case

Russell S. Frye, Washington, DC, argued the cause for petitioners American Paper Institute, Inc., USX Corp. and Delmarva Power & Light Co., et al. and the City of Akron, Ohio. With him on the joint briefs were Stephen J. Axtell, Washington, DC, Charles R. McElwee, Charleston, WV, and Kristy N. Bulleit. James R. Walpole, Andrew A. Giaccia and Matthew B. Van Hook, Washington, DC, entered appearances for petitioner American Paper Institute.

Van Carson, Cleveland, OH, filed the brief for petitioner the City of Akron, Ohio.

Manning Gasch, Jr., James N. Christman and Joseph M. Spivey, III, Richmond, VA, entered appearances for petitioner Westvaco Corp.

Michael A. McCord, Asst. Chief, U.S. Dept. of Justice, Washington, DC, argued the cause for respondent. David A. Carson, Atty., U.S. Dept. of Justice and Carol Ann Siciliano, Atty., U.S. E.P.A., Washington, DC, filed the brief for respondent. Richard Stewart, Washington, DC, entered an appearance.

Jessica C. Landman and Robert W. Adler, Washington, DC, filed the brief for intervenor Natural Resources Defense Council, Inc. Richard E. Ayres, Washington, DC, entered an appearance.

Before WALD, BUCKLEY and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In these consolidated petitions for review, the American Paper Institute, Inc., the USX Corporation, Westvaco Corporation, the City of Akron, Ohio and a host of utilities contest several new Environmental Protection Agency ("EPA") regulations interpreting the Clean Water Act ("CWA" or the "Act") and its amendments. The petitioners primarily take issue with an EPA rule requiring writers...

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