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SIERRA CLUB v. E.P.A.

No. 01-1057.

292 F.3d 895 (2002)

SIERRA CLUB and Environmental Technology Council, Inc., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2002.

Attorney(s) appearing for the Case

David R. Case argued the cause and filed the briefs for petitioners.

G. Scott Williams, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Alan Carpien, Attorney, U.S. Environmental Protection Agency.

David F. Zoll, Leslie A. Hulse, G. William Frick, Ralph J. Colleli, Douglas H. Green and Steven J. Groseclose were on the brief for intervenors.

Before: GINSBURG, Chief Judge, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The Environmental Protection Agency promulgated a rule to establish the conditions under which it would consider certain wastewater treatment sludges "hazardous" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. See Hazardous Waste Mgmt. Sys., 65 Fed. Reg. 67068 (Nov. 8, 2000) (Chlorinated Aliphatics Rule). The Sierra Club and the...

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