Citizens for a Better Environment v. Gorsuch

Nos. 82-1035, -1036, -1039, -1041 (D.C. Cir. June 7, 1982)

The court modifies an order of the district court, 12 ELR 20101, to require the Environmental Protection Agency to promulgate regulations for hazardous waste land disposal facilities on or before July 15, 1982.

Counsel for Appellants
Mark Greenwood, Bruce Diamond
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4134

Nancy B. Firestone, Donald W. Stever Jr., Peter R. Steenland
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2757

Counsel for Appellee American Petroleum Inst.
John R. Quarles Jr.
Morgan, Lewis & Bockius
1800 M St. NW, Washington DC 20036
(202) 872-5118

Counsel for Appellee Chemical Mfrs. Ass'n
Richard Stoll, Associate General Counsel
Chemical Mfrs. Ass'n
2501 M St. NW, Washington DC 20037
(202) 887-1358

Before Wilkey, Fairchild,^* and Robb, JJ.

[12 ELR 20755]

Per Curiam:

Order

These are consolidated appeals from an order entered by the District Court November 13, 1981, directing defendants to promulgate regulations for hazardous waste land disposal facilities on or before February 1, 1982 and from an order entered December 7, 1981, denying reconsideration. The orders have been stayed pending appeal. Appellants have asserted, essentially, the impossibility of timely compliance, although issuance of these regulations was initially required by statute as long ago as April 21, 1978, and has been scheduled at successive subsequent dates in the proceedings in the District Court.

Upon consideration of the record herein, as well as the briefs and oral argument on behalf of the parties, the order entered November 13, 1981, is MODIFIED so as to require promulgation of the regulations here involved on or before July 15, 1982, and, as so modified, the order is AFFIRMED.

It appears from representation made at oral argument that the preparation of the regulations has reached a stage so that the period until July 15, 1982 is ample for their issuance. Although affirmance without modification may well have been proper in the light of the record, the disposition now made has been chosen because it protects the public right to the problem issuance of regulations as much as is presently feasible, but also does not put appellant Administrator and her staff in jeopardy of contempt proceedings forthwith.

The mandate shall issue immediately.

* Sitting by designation pursuant to 28 U.S.C. § 294(d).