EDISON ELECTRIC INSTITUTE, et al., Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 18, 1992.
Decided August 6, 1993.
As Amended August 24, 1993.
Attorney(s) appearing for the Case
Donald J. Patterson, Jr., Richard S. Wasserstrom, and Duane A. Siler argued the cause for petitioners American Mining Congress, American Paper Institute, Inc., Institute of Scrap Recycling Industries, Inc., National Forest Products Ass'n, Edison Elec. Institute, et al., and Cincinnati Gas & Elec. Co., et al. With them on the briefs were Edward M. Green, Roderick T. Dwyer, Cynthia H. Evans, J. Thomas Wolf, John N. Hanson, Diane L. Gildersleeve, Richard S. Moskowitz, William R. Weissman, Douglas H. Green, and Norman L. Rave, Jr.
David R. Case argued the cause for petitioners Natural Resources Defense Council, and Hazardous Waste Treatment Council. With him on the briefs were Jacqueline M. Warren and Eli D. Eilbott.
Christopher S. Vaden, Atty., Dept. of Justice, argued for respondent, with whom on the brief was Elizabeth M. Ahern, Atty., Dept. of Justice, and Caroline H. Wehling, Atty., E.P.A., argued the cause for respondent.
William R. Weissman, Norman L. Rave, Jr., G. William Frick, Ralph J. Colleli, Jr. and John P. Wagner were on the briefs for intervenors Edison Elec. Institute, et al., and American Petroleum Institute.
William R. Weissman, Douglas H. Green, and Thomas H. Truitt entered appearances for intervenor Edison Elec. Institute, et al.
Robert B. Sanner, II entered an appearance for intervenor Ass'n of Metropolitan Sewage Agencies.
Cynthia H. Evans and Richard S. Wasserstrom entered appearances for intervenors American Paper Institute, and the National Forest Products Ass'n.
Michael W. Steinberg, Hunter L. Prillaman, David F. Zoll and Ronald A. Shipley entered appearances for intervenor Chemical Mfrs. Ass'n.
Donald J. Patterson, Jr., John N. Hanson, Edward M. Green and Roderick T. Dwyer entered appearances for intervenor American Min. Congress.
Karl S. Bordeau, Paul E. Shorb, III, and Barton C. Green entered appearances for intervenor American Iron & Steel Institute.
G. William Frick, Ralph J. Colleli, Jr., and John P. Wagner entered appearances for American Petroleum Institute.
Before: MIKVA, Chief Judge, SILBERMAN and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
PER CURIAM:
This consolidated appeal presents numerous petitions for review of EPA's Toxicity Characteristic ("TC") rule, promulgated pursuant to the Resource Conservation and Recovery Act of 1976. The TC seeks to identify waste which, if mismanaged, may release hazardous amounts of toxic materials into the environment. In order to accomplish this goal, the TC includes a toxicity test designed to simulate the actual leaching of wastes that...
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