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LA. ENVIRONMENTAL ACTION NETWORK v. U.S. E.P.A.

No. 98-1082.

172 F.3d 65 (1999)

LOUISIANA ENVIRONMENTAL ACTION NETWORK and Environmental Technology Council, Inc., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. American Petroleum Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

David R. Case argued the cause for petitioners. With him on the briefs was David J. Lennett.

Mary F. Edgar, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Lois J. Schiffer, Assistant Attorney General, and Steven Silverman, Attorney, U.S. Environmental Protection Agency.

William R. Weissman argued the cause for intervenor Edison Electric Institute, et al. With him on the brief were Steven J. Groseclose, George W. Frick, Ralph J. Colleli, David F. Zoll and Ronald A. Shipley.

Before: WILLIAMS, SENTELLE and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Opinion by Circuit Judge SENTELLE, concurring in part and dissenting in part.

STEPHEN F. WILLIAMS, Circuit Judge:

Section 3004(m) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6924(m), requires the Environmental Protection Agency to promulgate regulations governing what treatment certain kinds of hazardous waste must undergo before it may be disposed of in...

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