MOBIL OIL CORPORATION, et al., Petitioners
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
American Iron and Steel Institute, et al., Intervenors.
And Consolidated Cases.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 7, 1994.
Decided September 23, 1994.
Attorney(s) appearing for the Case
Michael W. Steinberg and Donald J. Patterson (for American Min. Congress), Washington, DC, argued the cause for consolidated petitioners and intervenors. With them on the briefs were Edward M. Green, Roderick T. Dwyer, and Nancy D. Tammi (for American Min. Congress), Karl S. Bourdeau and Barton C. Green (for American Iron and Steel Institute), Ralph J. Colleli, Jr., G. William Frick, and Hunter Prillaman (for American Petroleum Institute), David F. Zoll, Washington, DC, and Ronald A. Shipley, Germantown, MD (for Chemical Mfrs. Ass'n), Douglas H. Green and William R. Weissman (for Edison Elec. Institute), James K. Jackson (for Mobil Oil Corp.), Richard A. Flye (for The Fertilizer Institute), and Paul E. Gutermann and John N. Moore, Washington, DC (for Zinc Corp. of America and Horse-head Resource Development Co.).
Thomas S. Llewellyn (for Mobil Oil Corp.), Gordon D. Quin, Whippany, NJ (for The Fertilizer Institute), John N. Hanson (for American Min. Congress), and Norman L. Rave, Jr., Washington, DC (for Edison Electric Institute), Washington, DC, entered appearances.
Mary Elizabeth Ward and Scott A. Schachter, Attys., U.S. Dept. of Justice, Washington, DC, argued the cause for respondents. With them on the brief was Lois J. Schiffer, Acting Asst. Atty. Gen., Washington, DC. Barry M. Hartman and Caroline H. Wehling, Counsel, U.S. Environmental Protection Agency ("EPA"), and Raymond Ludwiszewski, Acting Gen. Counsel, EPA, Washington, DC, entered appearances for respondent.
Eli D. Eilbott and David R. Case, Washington, DC, were on the brief for intervenor Hazardous Waste Treatment Council.
Before EDWARDS, BUCKLEY, and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
Petitioners raise numerous challenges to the "mixture" and "derived-from" rules promulgated by the Environmental Protection Agency under authority of Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§ 6901-6992k (1988 & Supp. IV 1992). We do not address these challenges, however, because we conclude that subsequent congressional...
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