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GREENPEACE, INC. v. E.P.A.

Nos. 93-1458, 93-1682, 93-1683.

43 F.3d 701 (1995)

GREENPEACE, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1995.

Attorney(s) appearing for the Case

Richard E. Condit, Washington, DC, argued the cause and filed the briefs, for petitioners Greenpeace, Inc., et al.

Ashley C. Schannauer, Pittsburgh, PA, argued the cause and filed the briefs, for petitioner City of Pittsburgh. Mary K. Conturo, Pittsburgh, PA, entered an appearance.

Greer S. Goldman and Seth M. Barsky, Attys., U.S. Dept. of Justice, argued the cause, for respondent. With them on the briefs was Lois J. Schiffer, Acting Asst. Atty. Gen., U.S. Department of Justice.

Before: WILLIAMS, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

These petitions present one of several challenges by petitioners to various stages of the construction and operation of a hazardous waste incinerator owned and operated by Waste Technologies Industries ("WTI") in East Liverpool, Ohio. Three actions by the Environmental Protection Agency are challenged. First, in Petition No. 93-1458, Greenpeace, Inc., Alonzo Spencer, and Teresa Swearingen...

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