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MARINE SHALE PROCESSORS, INC. v. U.S. E.P.A.

No. 95-60228.

81 F.3d 1371 (1996)

MARINE SHALE PROCESSORS, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

April 18, 1996.

Attorney(s) appearing for the Case

Darren B. Bernhard, Christopher Howard Marraro, Jerrold Joseph Ganzfried, Thomas Jeffrey Horton, Douglas S. Grandstaff, Howrey & Simon, Washington, DC, K. Eric Gisleson, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Sidney A. Cotlar, Russ M. Herman, Virginia T. Jordan, Herman, Herman, Katz & Cotlar, New Orleans, LA, for petitioner.

Robin Michele Richardson, Christopher Scott Vaden, Patricia McCubbin, Letitia Jane Grishaw, U.S. Department of Justice, Environment Division, Washington, DC, Carol Browner, Steven Ellis Silverman, U.S. Environmental Protection Agency, Washington, DC, for respondent.

Eli D. Eilbott, ETC, Washington, DC, for Environmental Technology Council, amicus curiae.

Before REYNALDO G. GARZA, KING and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case is an appeal of Marine Shale Processors, Inc. from final agency action of the Environmental Protection Agency. Specifically, MSP challenges EPA's decision to deny MSP's application for a Boiler and Industrial Furnace Permit required by the Resource Conservation and Recovery Act, 42 U.S.C. § 6901-92K. This case is one of the trio described in United States v. Marine Shale Processors, Inc.,

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