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BD. OF REGENTS OF UNIVERSITY OF WASH. v. E.P.A.

Nos. 95-1324, 95-1352 and 95-1376.

86 F.3d 1214 (1996)

BOARD OF REGENTS OF the UNIVERSITY OF WASHINGTON, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, Environmental Protection Agency, Respondents. The Balance Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1996.

Attorney(s) appearing for the Case

William R. Truitt, Baltimore, MD, argued the cause, for petitioners. With him on the briefs, were Gina M. Zawitoski, Baltimore, MD, William R. Weissman, Washington, DC, and Thornton Wilson, Seattle, WA.

Michael J. Zevenbergen, Trial Attorney, United States Department of Justice, argued the cause for respondents. With him on the brief were Karen H. Schodowski, Trial Attorney, United States Department of Justice, Lois J. Schiffer, Assistant Attorney General, and Alan H. Carpien, Counsel, Environmental Protection Agency.

Michael W. Steinberg and Hunter L. Prillaman, were on the brief, Washington, DC, for intervenor.

Before: WALD, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Tulalip Landfill is located on Puget Sound in the State of Washington. It was operated from 1964 to 1979, when it was closed under a Clean Water Act consent decree that required construction of an impermeable "berm," a barrier around the landfill, to prevent leakage. Leakage occurred despite the berm, and in 1988 the Environmental Protection Agency ("EPA") inspected...

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