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LEATHER INDUSTRIES OF AMERICA, INC. v. E.P.A.

Nos. 93-1187, 93-1376, 93-1404 and 93-1555.

40 F.3d 392 (1994)

LEATHER INDUSTRIES OF AMERICA, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, United States Environmental Protection Agency, Respondents, ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, United States Environmental Protection Agency, Respondents, MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, A Special Purpose Wisconsin Municipal Corporation, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, United States Environmental Protection Agency, Respondents. CITY OF PUEBLO, COLORADO, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1994.

Attorney(s) appearing for the Case

Thomas J. Crawford, Milwaukee, WI, argued the cause for petitioners Association of Metropolitan Sewerage Agencies and Milwaukee Metropolitan Sewerage Dist. With him on the briefs were Lee C. White and Michael J. McCabe, Milwaukee, WI.

Ronald L. Raider, Washington, DC, argued the cause for petitioner City of Pueblo, Colorado. With him on the briefs were Thomas K. Bick and Thomas J. Florczak, Washington, DC.

John L. Wittenborn, Washington, DC, argued the cause and filed the briefs for petitioner Leather Industries of America, Inc. William M. Guerry, Jr., Washington, DC, entered an appearance.

Daniel S. Goodman and Mark A. Nitczynski, Attorneys, U.S. Dept. of Justice, Washington, DC, argued the cause for respondents. With them on the briefs were Lois J. Schiffer, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Caroline H. Wehling, Asst. Gen. Counsel, and Richard T. Witt, Atty., U.S. E.P.A., Washington, DC.

Before WALD, WILLIAMS and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In these consolidated cases, petitioners seek review of several aspects of the Standards for the Use or Disposal of Sewage Sludge, 58 Fed.Reg. 9387 (1993) (to be codified at 40 C.F.R. parts 257 and 403) ("Regulations"), issued on February 10, 1992 by the Environmental Protection Agency ("EPA" or "agency"). Because petitioners have raised valid challenges to (1) the use of the 99th percentile...

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