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AMERICAN PORTLAND CEMENT ALLIANCE v. E.P.A.

Nos. 95-1230, 95-1231, 95-1237 and 95-1252.

101 F.3d 772 (1996)

AMERICAN PORTLAND CEMENT ALLIANCE, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Respondents, Cement Kiln Recycling Coalition, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1996.

Attorney(s) appearing for the Case

Richard G. Stoll, Jr., argued the cause, for petitioners American Portland Cement Alliance and Cement Kiln Recycling Coalition, with whom David P. Novello, was on the briefs. Larry D. Sharp, Washington, DC, entered an appearance.

David R. Case, Washington, DC, argued the cause and filed the briefs, for petitioners Safe Cement Alliance of Texas, et al.

Mary F. Edgar, Attorney, U.S. Department of Justice, argued the cause, for respondents, with whom Lois J. Schiffer, Assistant Attorney General, Washington, DC, was on the brief. Lawrence E. Starfield, Assistant General Counsel, Environmental Protection Agency, entered an appearance.

Before: WALD, HENDERSON and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

The sole question in this appeal is whether this court has jurisdiction under § 7006(a)(1) of the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §§ 6901 et seq. (1982), to review petitions challenging the "Regulatory Determination on Cement Kiln Dust," issued by the Environmental Protection Agency ("EPA"). 60 Fed.Reg. 7,366 (Feb. 7, 1995). In the Regulatory Determination, EPA decided that cement kiln...

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