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OWEN ELEC. STEEL CO. OF SOUTH CAROLINA, INC. v. BROWNER

No. 93-2195.

37 F.3d 146 (1994)

OWEN ELECTRIC STEEL COMPANY OF SOUTH CAROLINA, INCORPORATED, Petitioner, v. Carol M. BROWNER, Administrator of the United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 12, 1994.

Attorney(s) appearing for the Case

ARGUED: William Thomas Lavender, Jr., Davis & Lavender, P.C., Columbia, SC, for petitioner. Alice L. Mattice, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for respondent. ON BRIEF: Thomas G. Eppink, Davis & Lavender, P.C., Columbia, SC, for petitioner. Peter R. Steenland, Acting Deputy Asst. Atty. Gen., Environment and Natural Resources Div., U.S. Dept. of Justice, John Michaud, Office of Gen. Counsel, U.S.E.P.A., Washington, DC, Mary Butler, Office of Regional Counsel, U.S.E.P.A., Atlanta, GA, for respondent.

Before RUSSELL, WILKINSON, and HAMILTON, Circuit Judges.

Petition denied by published opinion. Judge RUSSELL wrote the opinion, in which Judge WILKINSON and Judge HAMILTON joined.

OPINION

RUSSELL, Circuit Judge:

The sole issue in this case is whether the "slag" produced by petitioner Owen Electric Steel Company ("Owen") at its Cayce, South Carolina, facility as a byproduct of steel production is "discarded," and therefore constitutes a "solid waste" under 42 U.S.C. § 6903(27).

I

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