ENVIRONMENTAL DEFENSE FUND v. E.P.A.

Nos. 99-1048, 99-1049.

210 F.3d 396 (2000)

ENVIRONMENTAL DEFENSE FUND, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Edison Electric Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 2000.


Attorney(s) appearing for the Case

David R. Case argued the cause for petitioners. With him on the briefs was Karen Florini.

Norman L. Rave, Jr., Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and Alan Carpien, Attorney, Environmental Protection Agency. Christopher S. Vaden, Attorney, U.S. Department of Justice, entered an appearance.

William K. Rawson, Claudia M. O'Brien, Douglas H. Green, Steven J. Groseclose, David F. Zoll, Katheryn W. Smith, Lynn L. Bergeson and Cara S. Jablon were on the joint brief for intervenors Chemical Manufacturers Association, et al.

Before: SILBERMAN, RANDOLPH and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Environmental Defense Fund ("EDF") and the Environmental Technology Council ("ETC") petition for review of a final determination by the Environmental Protection Agency ("EPA") not to add fourteen solvent wastes to its list of hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"), as amended, 42 U.S.C. § 6921-6939b. Petitioners challenge...

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