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NEWELL RECYCLING CO., INC. v. U.S. E.P.A.

No. 99-60694.

231 F.3d 204 (2000)

NEWELL RECYCLING COMPANY, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

Revised November 16, 2000

Attorney(s) appearing for the Case

Reese L. Harrison, Jr. (argued), Angela M. Sanchez, Paul David Barkhurst, Oppenheimer, Blend, Harrison & Tate, San Antonio, TX, for Petitioner.

Karen Lee Egbert (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Carol Browner, Environmental Protection Agency, Washington, DC, for Respondent.

Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

DUHÉ, Circuit Judge:

Newell Recycling Company, Inc. ("Newell") appeals a final decision of the Environmental Protection Agency's Environmental Appeals Board ("EAB") holding Newell liable for violating the disposal requirements for polychlorinated biphenyls ("PCBs") established in Section 6(e) of the Toxic Substances Control Act ("TSCA"). The EAB's decision penalized Newell $1.345 million, less an amount paid in settlement by a co-defendant, for violating the...

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