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NATIONAL ELEC. MFRS. ASS'N v. E.P.A.

No. 94-1752.

99 F.3d 1170 (1996)

NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Environmental Technology Council, Inc. and American Iron and Steel Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1996.

Rehearing Denied January 15, 1997.

Attorney(s) appearing for the Case

Norman L. Rave, Jr., Washington, DC, argued the cause for petitioners, with whom Toni K. Allen and Steven S. Rosenthal were on the joint briefs. Timothy S. Hardy entered an appearance.

Paul E. Gutermann, John N. Moore and Neil J. King, Washington, DC, were on the joint brief for petitioners Horsehead Resource Development Company, Inc. and The International Metals Reclamation Company, Inc.

Alice L. Mattice, Attorney, U.S. Department of Justice, argued the cause for respondent, with whom Lois J. Schiffer, Assistant Attorney General, and Steven Silverman, Attorney, Environmental Protection Agency, were on the brief.

Before: SILBERMAN, GINSBURG and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

Petitioners National Electrical Manufacturers Association and Utility Solid Waste Activities Group (collectively "NEMA") challenge a final rule of the Environmental Protection Agency ("EPA") imposing land disposal restrictions on hazardous soils, on the ground that it was promulgated without adequate notice and opportunity for comment. Specifically, NEMA maintains that the notices in the federal register concerning the proposed rule were misleading...

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