Legal Opinion
Horsehead Resource Development Co. v. Browner
Court of Appeals for the D.C. Circuit
Decided February 22, 1994No. Nos. 91-1221 to 91-1223, 91-1230, 91-1234, 91-1237, 91-1238, 91-1240, 91-1241, 91-1244, 91-1245, 91-1572, 91-1575, 91-1576, 92-1392, 92-1459, 92-1601 and 92-1610PublishedCited by 19 opinions
1Opinion of the Court
Opinion for the Court filed PER CURIAM.
2Per curiam
This case involves challenges by industry and environmentalist petitioners to an Environmental Protection Agency (“EPA”) rule interpreting section 3004(q) of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6924(q) (1988), which directs the agency to regulate facilities burning hazardous waste as fuel. The rule, entitled “Burning of Hazardous Waste in Boilers and Industrial Furnaces” (“BIF Rule”), 56 Fed.Reg. 7,134 (1991) (codified as amended by subsequent corrections and technical amendments at 40 C.F.R. Parts 260, 261, 264, 265, 266,…
3Cases cited12 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Bowen v. KendrickSupreme Court of the United States · 1988
- Home Box Office, Inc. v. Federal Communications Commission and United States of America, Professional Baseball, IntervenorsCourt of Appeals for the D.C. Circuit · 1977
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4Cited by19 opinions
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- Horsehead Resource Development Company, Inc. v. Carol M. Browner, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Rsr Corporation, International Mill Service, Dow Chemical Company, B.F. Goodrich Company, American Iron and Steel Institute, American Mining Congress, Chemical Waste Management, Inc., Association of Battery Recyclers, Inc., Edison Electric Institute, Solite Corporation, Chemical Manufacturers Association, American Petroleum Institute, Hazardous Waste Treatment Council, Cement Kiln Recycling Coalition, Battery Council International, American Coke and Coal Chemicals Institute, Citizens for a Safe Environment, Marine Shale Processors, Inc., Steel Manufacturers Association Specialty Steel Industry of the United States, Tennessee Eastman Company, Cyprus Miami Mining Corporation, International Metals Reclamation Company, Inc., Intervenors. Association of Battery Recyclers, Inc. v. United States Environmental Protection Agency, Rsr Corporation v. United States Environmental Protection Agency, Solite Corporation v. Carol M. Browner, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Akj Industries, Inc. v. United States Environmental Protection Agency, Marine Shale Processors, Inc. v. United States Environmental Protection Agency, Tennessee Eastman Company v. United States Environmental Protection Agency, Citizens for a Safe Environment v. United States Environmental Protection Agency, Akj Industries, Inc., Intervenor. Chemical Manufacturers Association v. United States Environmental Protection Agency, American Iron and Steel Institute v. United States Environmental Protection Agency, American Coke and Coal Chemicals Institute, Intervenor. Cement Kiln Recycling Coalition v. United States Environmental Protection Agency, Cement Kiln Recycling Coalition v. United States Environmental Protection Agency, Association of Battery Recyclers, Inc., Edison Electric Institute, Horsehead Resource Development Company, Inc., Dow Chemical Company, International Mill Service, Inc., American Mining Congress, American Iron and Steel Institute, Intervenors. Solite Corporation v. Carol M. Browner, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Association of Battery Recyclers, Inc., Edison Electric Institute, American Mining Congress, Dow Chemical Company, International Mill Service, Inc., Horsehead Resource Development Company, Inc., American Iron and Steel Institute, Intervenors. Tennessee Eastman Company v. United States Environmental Protection Agency, Association of Battery Recyclers, Inc., Horsehead Resource Development Company, Inc., Dow Chemical Company, International Mill Service, Inc., American Mining Congress, American Iron and Steel Institute, Edison Electric Institute, Intervenors. Continental Cement Company, Lone Star Industries, Inc., Holnam Inc., Safety-Kleen Corporation v. United States Environmental Protection Agency, Cement Kiln Recycling Coalition v. United States Environmental Protection Agency, Edison Electric Institute, National Rural Electric Cooperative Association, American Public Power Association, Utility Solid Waste Activities Group, American Mining Congress, Intervenors. Lafarge Corporation v. United States Environmental Protection Agency, Edison Electric Institute, National Rural Electric Cooperative Association, American Public Power Association, Utility Solid Waste Activities Group, Intervenors. Giant Group, Ltd. v. United States Environmental Protection Agency, Edison Electric Institute, National Rural Electric Cooperative Association, American Public Power Association, Utility Solid Waste Activities Group, IntervenorsCourt of Appeals for the D.C. Circuit · 1994
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