Frank J. KELLEY, Attorney General of the State of Michigan, Frank J. Kelley, Ex rel. State of Michigan, Michigan Department of Natural Resources, Frank J. Kelley, Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, William K. Reilly, Administrator, Respondents,
American Bankers Association, Equipment Leasing Association of America, Commercial Finance Association, American Council of Life Insurance, American College of Real Estate Lawyers, Intervenors.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
American Bankers Association, Equipment Leasing Association of America, Commercial Finance Association, American Council of Life Insurance, American College of Real Estate Lawyers, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
June 14, 1994.
As Amended June 14, 1994.
Attorney(s) appearing for the Case
Lois J. Schiffer, Acting Asst. Atty. Gen., Bradley M. Campbell, U.S. Dept. of Justice, and Earl Salo, Counsel, U.S.E.P.A., filed a Petition for Rehearing and Suggestion for Rehearing En Banc on behalf of respondents.
John J. Gill, Thomas J. Greco, Michael F. Crotty, Counsel, American Bankers Ass'n, Samuel I. Gutter, David T. Buente, Jr., Counsel, Commercial Finance Ass'n, Roger D. Schwenke, Counsel, American College of Real Estate Lawyers, Margaret V. Hathaway, Howard L. Feinstein, Counsel, American Council of Life Ins., Phillip E. Stano, Counsel, American Council of Life Ins., and Edwin E. Huddleson, III, Counsel, Equipment Leasing Ass'n of America, filed a Petition for Rehearing and Suggestion for Rehearing En Banc on behalf of intervenors.
Thomas L. Casey, Sol. Gen., State of MI, and Jeremy M. Firestone, Asst. Atty. Gen., State of MI, filed a Response to Petitions for Rehearing and Suggestions for Rehearing En Banc on behalf of petitioners MI Atty. Gen. Frank J. Kelley, the State of MI, and the MI Dept. of Natural Resources.
Theodore L. Garrett, David F. Zoll, General Counsel, and Dell E. Perelman, Sr. Asst. Gen. Counsel, filed a Response to Petitions for Rehearing and Suggestions for Rehearing En Banc on behalf of petitioner Chemical Mfrs. Ass'n.
Before MIKVA, Chief Judge, SILBERMAN, and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.*
ON PETITION FOR REHEARING
SILBERMAN, Circuit Judge:
The government and intervenors — dropping most of their statutory arguments before the panel — petition for rehearing based largely on our colleague's dissent (which issued after our opinion and therefore to which we did not refer). We held that Congress had not authorized EPA to issue substantive...
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