ASS'N OF BATTERY RECYCLERS, INC. v. U.S. E.P.A.

Nos. 98-1368, 98-1381, 98-1392 and 98-1394.

208 F.3d 1047 (2000)

ASSOCIATION OF BATTERY RECYCLERS, INC., et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2000.


Attorney(s) appearing for the Case

Donald J. Patterson, Jr. argued the cause for petitioners on the RCRA classification issues. With him on the joint briefs were Harold P. Quinn, Jr., Roderick T. Dwyer, Karl S. Bourdeau, Michael W. Steinberg, Joshua D. Sarnoff, David F. Zoll, Ronald A. Shipley, William R. Weissman and Steven J. Groseclose. Michael B. Wigmore and Robert N. Steinwurtzel entered appearances.

William R. Weissman argued the cause for petitioners on the LDR treatment standards issues. With him on the briefs was Steven J. Groseclose.

Michele L. Walter, Attorney, U.S. Department of Justice, and Steven Silverman, Attorney, Office of General Counsel, U.S. Environmental Protection Agency, argued the causes for respondents. With them on the brief was Cecilia Kim, Attorney, U.S. Department of Justice.

David R. Case argued the cause for intervenors Environmental Defense Fund, Environmental Technology Council and National Mining Association. With him on the brief were Karen Florini, Donald J. Patterson, Jr., Harold P. Quinn, Jr., and Roderick T. Dwyer.

Before: SILBERMAN, GINSBURG, and RANDOLPH, Circuit Judges.


Opinion for the Court by Circuit Judge RANDOLPH.

Opinion for the Court by Circuit Judge GINSBURG.

Opinion dissenting in part by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These are consolidated petitions for judicial review of Environmental Protection Agency regulations promulgated on May 26, 1998, under the Resource Conservation and Recovery Act of 1976 ("RCRA"), Pub.L. No. 94-580, 90 Stat...

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