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3M CO. (MINNESOTA MIN. AND MFG.) v. BROWNER

No. 92-1126.

17 F.3d 1453 (1994)

3M COMPANY (MINNESOTA MINING AND MANUFACTURING), Petitioner, v. Carol M. BROWNER, Administrator of Environmental Protection Agency and Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1994.

Rehearing and Suggestion for Rehearing Denied May 9, 1994.

Attorney(s) appearing for the Case

Douglas L. Wald, Washington, DC, argued the cause for petitioner. With him on the briefs were Blake A. Biles and Annette M. Lang, Washington, DC.

Eileen McDonough, Attorney, United States Department of Justice, Washington, DC, argued the cause for respondents. With her on the brief were Peter R. Steenland, Jr., Acting Assistant Attorney General, United States Department of Justice, Deborah Mack-Iacangelo, Attorney, James C. Nelson, Associate General Counsel, and Patricia A. Roberts, Assistant General Counsel, Environmental Protection Agency, Washington, DC. David A. Dana, Attorney, United States Department of Justice, Washington, DC, entered an appearance.

David E. Menotti, Robert L. Deitz, Lynn F. Kaufmann, John N. Hanson and Cynthia A. Lewis, Washington, DC, were on the brief for amici curiae Browning-Ferris Industries, Inc. and General Motors Corporation.

Before: BUCKLEY, GINSBURG, and RANDOLPH, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied May 9, 1994.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This petition for review of the Environmental Protection Agency's assessment of civil penalties turns on the meaning of 28 U.S.C. § 2462, the direct descendant of a statute of limitations enacted more than a century and a half ago. There are three questions. Does § 2462 apply to administrative...

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