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SYSTECH ENVIRONMENTAL CORP. v. U.S. E.P.A.

Nos. 94-70419, 94-70631, 94-70422 and 94-70483.

55 F.3d 1466 (1995)

SYSTECH ENVIRONMENTAL CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. NATIONAL CEMENT COMPANY OF CALIFORNIA, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided May 31, 1995.

Attorney(s) appearing for the Case

Richard G. Stoll, Karen M. Wardzinski, Freedman, Levy, Kroll & Simonds, Washington, DC, for petitioner Systech Environmental Corp.

Louis H. Anders, Harri J. Haikala, Joseph W. Letzer, Burr & Forman, Birmingham, AL, for petitioner Nat. Cement Co. of California, Inc.

Karen L. Egbert, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: HUG, CANBY, and HAWKINS, Circuit Judges.

CANBY, Circuit Judge:

The National Cement Company of California and Systech Environmental Corporation petition for review of the Environmental Protection Agency's final decision denying National's application for a RCRA permit to incinerate hazardous waste. EPA denied National's application on the ground that it lacked a certification required by 40 C.F.R. § 270.11. We find EPA's interpretation of section 270.11 to be arbitrary and irrational insofar as it requires...

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