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ATLANTIC STATES LEGAL FOUNDATION v. E.P.A

Nos. 99-1409 & 99-1414.

325 F.3d 281 (2003)

ATLANTIC STATES LEGAL FOUNDATION, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, United States Environmental Protection Agency, Respondents. Utility Solid Waste Activities Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2003.

Attorney(s) appearing for the Case

Paul J. Hirsch argued the cause and filed the briefs for petitioners.

Norman L. Rave, Jr., Attorney, U.S. Department of Justice, argued the cause and filed the briefs for respondents.

Douglas H. Green was on the briefs for intervenors. Steven J. Groseclose entered an appearance.

Before: HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

EPA promulgated regulations allowing electric, telephone, and natural gas utilities in New York State to accumulate hazardous waste at utility-owned central collection facilities without obtaining a permit. Petitioners are three environmental organizations with members in New York. They claim the regulations are inconsistent with the permit requirement in the Resource Conservation...

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