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CHEMICAL WASTE MANAGEMENT, INC. v. U.S.E.P.A.

No. 93-1860.

56 F.3d 1434 (1995)

CHEMICAL WASTE MANAGEMENT, INC., et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1995.

Attorney(s) appearing for the Case

Michael W. Steinberg, Washington, DC argued the cause for petitioners Chemical Waste Management, Inc., et al. With him on briefs was Michael A. McCord, Washington, DC.

Sylvia Quast, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for respondent. With her on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., and Daniel S. Goodman, U.S. Dept. of Justice, Earl Salo, Asst. Gen. Counsel, U.S.E.P.A., Washington, DC.

Before BUCKLEY, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioners, Chemical Waste Management, Inc. and E.I. DuPont de Nemours & Co., Inc., challenge an Environmental Protection Agency ("EPA") off-site rule, 40 C.F.R. § 300.440 (1994), delineating procedures the EPA uses to classify commercial hazardous waste management facilities as "unacceptable" to contract with the EPA, the state, or a private party to manage wastes removed...

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