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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. U.S. E.P.A.

No. 92-1371.

25 F.3d 1063 (1994)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Edison Electric Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 1994.

As Amended June 27, 1994.

Attorney(s) appearing for the Case

David R. Case, argued the cause for petitioners. With him on the briefs was Eli D. Eilbott, Washington, DC. Joseph H. Guth, New York City, entered an appearance.

Eileen T. McDonough, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for respondent. With her on the brief were Lawrence E. Starfield, Asst. Gen. Counsel, and Randolph L. Hill, Atty., U.S. Environmental Protection Agency, Washington, DC.

On the joint brief for intervenors in support of respondent were G. William Frick, M. Elizabeth Cox, Toni K. Allen, Douglas H. Green, and Marianne Mancino Thiede, Washington, DC. Norman L. Rave, Jr., entered an appearance for intervenors Edison Elec. Institute, et al.

Before WALD, GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Opinion dissenting in part and concurring in part filed by Circuit Judge WALD.

SENTELLE, Circuit Judge:

This petition for review challenges a final determination of the Environmental Protection Agency ("EPA") not to list used oil destined for disposal as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§ 6921-6939b (1988). The...

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