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HARMON INDUSTRIES, INC. v. BROWNER

No. 98-3775.

191 F.3d 894 (1999)

HARMON INDUSTRIES, INC., Appellee, v. Carol M. BROWNER, in her official capacity as Administrator of the United States Environmental Protection Agency; United States of America; United States Environmental Protection Agency, Appellants. Pacific Legal Foundation; Michigan Manufacturers Association; Mississippi Manufacturers Association; Illinois Manufacturers Association; South Carolina Chambers of Commerce; Environmental Federation of Oklahoma; Arkansas State Chamber of Commerce; Associated Industries of Arkansas, Inc.; Wisconsin Manufacturers and Commerce; The Texas Natural Resource Conservation Commission; American Forest & Paper Association; American Iron & Steel Institute; American Petroleum Institute; Chamber of Commerce of the United States; Chemical Manufacturers Association; Corporate Environmental Enforcement Council; Commercial Affairs Committee of the Hazardous Waste Action Coalition; National Association of Manufacturers; National Mining Association; National Petrochemical & Refiners Association; Rubber Manufacturers Association; Utility Solid Waste Activities Group; Washington Legal Foundation; Missouri Chamber of Commerce; Associated Industries of Missouri, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 16, 1999.

Attorney(s) appearing for the Case

Robert H. Oakley, Washington, DC, Argued (Lois S. Schiffer, Eric G. Hostetler, David Shilton and Belinda L. Holmes, on the brief), for Appellants.

Alok Ahuja, Kansas City, MO, Argued (Terry J. Satterlee, on the brief), for Appellee.

Before: BEAM and HANSEN, Circuit Judges, and MOODY, District Judge.

HANSEN, Circuit Judge.

Harmon Industries, Inc., (Harmon) filed this action pursuant to the Administrative Procedure Act, 5 U.S.C. § 706 (1994), seeking judicial review of a final decision of the United States Environmental Protection Agency (EPA). The district court2 granted summary judgment in favor of Harmon and reversed the decision of the EPA. The EPA appeals. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

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