SHELL OIL COMPANY
v.
ENVIRONMENTAL PROTECTION AGENCY.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 17, 1990.
Decided December 6, 1991.
As Amended on Denial of Rehearing and Rehearing February 12, 1992.
Attorney(s) appearing for the Case
Michael W. Steinberg, with whom Hunter L. Prillaman, Arline M. Sheehan, G. William Frick, and Ralph J. Colleli, Jr. were on the brief, for Shell Oil Co. and American Petroleum Institute, et al. ("API"), petitioners in 80-1532 and 80-1881A, and intervenors in 81-1452. John R. Quarles, Scott A. Harman, John C. Chambers, Jr., and Stark Ritchie also entered appearances for Shell Oil and API.
Donald J. Patterson, with whom John N. Hanson, Aaron H. Goldberg, Edward M. Green, and Roderick T. Dwyer were on the brief, for American Min. Congress, et al. ("AMC"), petitioners in 80-1987A and intervenors in 80-1532, 80-1978A, and 81-1452. John D. Giglio, James R. Walpole, Susan L. Smith, John D. Fognani, and John D. Austin, Jr. also entered appearances for AMC.
Karen D. Florini for Environmental Defense Fund ("EDF"), petitioner in 80-1978A and intervenor in 81-1452. David J. Lennett also entered an appearance for EDF.
David F. Zoll, Ronald Shipley, and John T. Smith II were on the joint brief for Chemical Mfrs. Ass'n ("CMA"), petitioner in 80-1572 and 80-1976 and intervenor in 80-1532 and 81-1452. Theodore L. Garrett, Clare Dalton, and Jennifer L. Machlin also entered appearances for CMA.
Karl S. Bourdeau, Steven F. Hirsch, and Barton C. Green were on the joint brief for American Iron and Steel Institute, et al., petitioners in 80-1888 and intervenors in 80-1532 and 81-1452. Gary H. Baise and David R. Berz also entered appearances for American Iron and Steel Institute, et al.
William R. Weissman and Douglas H. Green were on the joint brief for petitioners Edison Elec. Institute, et al., in 80-1890 and intervenors Cincinnati Gas and Electric Co., et al., in 80-1532, 80-1570, 80-1572, and 81-1452. Thomas H. Truitt, Charles C. Abeles, and David B. Weinberg also entered appearances for Edison Elec. Institute, et al., and Cincinnati Gas & Electric, et al.
Michael S. Giannotto was on the joint brief for petitioners Dawn Min. Co., et al., in 80-1998. Benjamin W. Boley and James R. Bieke also entered appearances for Dawn Min. Co., et al.
Kurt E. Blase was on the joint brief for petitioner Kennecott Corp. in 80-1938. Alfred V.J. Prather, Edwin H. Seeger, and Carl B. Nelson, Jr., also entered appearances for Kennecott Corp.
William L. Roseby was on the joint brief for petitioner Ford Motor Co. in 80-1988.
John D. Conner, Robert L. Ackerly, Christine Volz, and Richard A. Flye entered appearances for petitioner The Fertilizer Institute in 80-1570 and 80-1869.
Kenneth A. Rubin and John R. Quarles, Jr. entered appearances for petitioners Gulf and Western Natural Resources Group and Stablex Corp. in 80-1909A and 80-1955A.
William C. Brashares and Charles A. Samuels entered appearances for Nat. Solid Wastes Management Ass'n, petitioner in 81-1452 and intervenor in 80-1532.
Mary Elizabeth Ward and Christopher S. Vaden, Attorneys, Dept. of Justice, with whom Barry M. Hartman, Deputy Asst. Atty. Gen., E. Donald Elliott, Gen. Counsel, Joshua D. Sarnoff, and Steven E. Silverman, Attorneys, E.P.A. ("EPA"), were on the brief, for respondent in all cases. Lee R. Tyner, Lloyd S. Guerci, Anthony Z. Reisman, and Diane L. Donley, Attorneys, Dept. of Justice, and Mark A. Greenwood, Caroline Wehling, and Michael Dworkin, Attorneys, EPA, also entered appearances for respondent.
Daniel J. Greenwald III, James R. Walpole, and Gregory Chafee entered appearances for intervenors American Paper Institute and Nat. Forest Products Ass'n in 80-1532 and 81-1452.
David R. Case entered an appearance for intervenor Hazardous Waste Treatment Council in 80-1532.
Richard E. Schwartz entered an appearance for intervenor American Footwear Industries Ass'n in 80-1532.
Sean O. Coffey entered an appearance for intervenor Department of Environmental Management of the State of Rhode Island in 80-1532.
David S. Tatel, Peter A. Rohrbach, and Sheldon E. Steinbach entered appearances for intervenor American Council on Educ. in 80-1532.
Charles M. Darling IV, J. Patrick Berry, and Stephen L. Teichler entered appearances for intervenors Tenneco Oil Co., et al. in 80-1532.
Lee C. White and Robert J. Saner II entered appearances for intervenor Ass'n of Metropolitan Sewerage Agencies in 80-1532.
Karl S. Bourdeau entered an appearance for intervenor Dow Chemical Co. in 81-1452.
J. Brian Molloy entered an appearance for intervenor SCA Services in 81-1452.
Before BUCKLEY, WILLIAMS and THOMAS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
As Amended on Denial of Rehearing and Rehearing En Banc February 12, 1992.
Opinion PER CURIAM.
PER CURIAM:
In these consolidated cases, petitioners challenge both the substance of several rules promulgated by the Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976 and its compliance with the Administrative Procedure Act's rulemaking requirements.
Consolidated petitioners1
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