CENTRAL AND SOUTH WEST SERVICES v. U.S. E.P.A.

Nos. 98-60495, 98-60642 and 98-60804.

220 F.3d 683 (2000)

CENTRAL AND SOUTH WEST SERVICES, INC.; Entergy Services Inc.; Mississippi Power Company; Utility Solid Waste Activities Group, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. General Electric Company, Petitioner, v. United States Environmental Protection Agency, Respondent. Sierra Club, a non-profit California corporation, Petitioner, v. United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Fifth Circuit.

August 15, 2000.


Attorney(s) appearing for the Case

Douglas H. Green (argued), Heather Elizabeth Gange, John L. Moore, Jr., Piper, Marbury, Rudniock & Wolfe, Washington, DC, for Petitioners in No. 98-60485.

Sylvia Ann Quast (argued), Daniel M. Flores (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Gen. Litigation Section, Carol Browner, EPA, Washington, DC, for Respondents.

Christopher L. Bell, Samuel B. Boxerman, Angus Macbeth (argued), Sidney & Austin, Washington, DC, for General Elec. Power.

Reed Zars, Laramie, WY, Stephen I. Singer (argued), New Orleans, LA, for Sierra Club.

Before DAVIS, CYNTHIA HOLCOMB HALL and SMITH, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Petitioners challenge the Environmental Protection Agency's ("EPA") final "Mega Rule" ("Final Rule") concerning the use and disposal of polychlorinated biphenyls ("PCBs"). Petitioners Central and South West Services, Inc., Entergy Services Inc., Mississippi Power Company, Utility Solid Waste Activities Group (collectively "USWAG") and General Electric Co. ("GE") argue that discrete portions of EPA's Final Rule are too restrictive. Petitioner...

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