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THERMALKEM, INC. v. U.S. E.P.A.

No. 93-3249.

25 F.3d 1233 (1994)

THERMALKEM, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Angus Macbeth, (Argued), Kathryn B. Thomson, Sidley & Austin, Washington, DC, for petitioner.

Peter R. Steenland, Acting Asst. Atty. Gen., Environment and Natural Resources Div., Eileen T. McDonough, (Argued), Environmental Defense Section, U.S. Dept. of Justice, Washington, DC, and Brian Grant, Office of General Counsel, U.S.E.P.A., Washington, DC, and Mita Ghosh, Office of Regional Counsel, EPA Region IV, Atlanta, GA, for respondent.

PRESENT: BECKER, HUTCHINSON and COWEN, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Petitioner, ThermalKEM, Inc., the owner and operator of a hazardous waste treatment facility in Rock Hill, South Carolina, petitions for review of the Environmental Appeals Board's ("EAB") dismissal of ThermalKEM's appeal of respondent, United States Environmental Protection Agency's ("EPA"), decision denying ThermalKEM's request to amend its pending permit application. EAB held it lacked jurisdiction to hear...

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