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HORSEHEAD RESOURCE DEVELOPMENT CO., INC. v. E.P.A.

No. 95-1286.

130 F.3d 1090 (1997)

HORSEHEAD RESOURCE DEVELOPMENT COMPANY, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, Respondents, Environmental Technology Council, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 1997.

Attorney(s) appearing for the Case

Paul E. Gutermann, Washington, DC, argued the cause for the petitioner. John N. Moore was on brief.

Robert I. Dodge, Attorney, United States Department of Justice, Washington, DC, argued the cause for the respondents. Lois J. Schiffer, Assistant Attorney General, United States Department of Justice, and Paul M. Bangser, Counsel, Environmental Protection Agency, were on brief.

Karl S. Bourdeau, Washington, DC, argued the cause for the intervenors. William M. Guerry, Jr., Chet M. Thompson and David R. Case were on brief.

Before: WALD, HENDERSON and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeKRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioner, Horsehead Resource Development Company (Horsehead), asks this Court to vacate a de-listing rule of the Environmental Protection Agency (EPA). The rule excludes electric arc furnace dust treated by the Super Detoxtm process from the list of "hazardous wastes" regulated by the Resource Conservation and Recovery Act, 42 U.S.C. §&...

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