Harmon Industries v. Browner

by the United States Court of Appeals for the Eighth Circuit

191 F.3d 894

Harmon Industries, Inc., Appellee

v.

Carol M. Browner, in her official capacity as Administrator of the United States Environmental Protection Agency; United States of America; United States Environmental Protection Agency, Appellants. Pacific Legal Foundation; Michigan Manufacturers Association; Mississippi Manufacturers Association; Illinois Manufacturers Association; South Carolina Chambers of Commerce; Environmental Federation of Oklahoma; Arkansas State Chamber of Commerce; Associated Industries of Arkansas, Inc.; Wisconsin Manufacturers and Commerce; The Texas Natural Resource Conservation Commission; American Forest & Paper Association; American Iron & Steel Institute; American Petroleum Institute; Chamber of Commerce of the United States; Chemical Manufacturers Association; Corporate Environmental Enforcement Council; Commercial Affairs Committee of the Hazardous Waste Action Coalition; National Association of Manufacturers; National Mining Association; National Petrochemical & Refiners Association; Rubber Manufacturers Association; Utility Solid Waste Activities Group, Washington Legal Foundation; Missouri Chamber of Commerce; Associated Industries of Missouri, Amici on Behalf of Appellee.

No. 98-3775

United States Court of Appeals,
Eighth Circuit.

April 22, 1999, Submitted
September 16, 1999, Filed
The Name of the Case has been Corrected by the Court September 21, 1999.
Rehearing En Banc and Rehearing Denied January 24, 2000

Appeal from the United States District Court for the Western District of Missouri. 97-0832-CV-W-3. Honorable Ortie Smith, District Judge.

Affirmed.

Counsel who presented argument on behalf of the appellant was Robert H. Oakley of Washington, D.C. Lois J. Schiffer, Eric G. Hostetler, David Shilton and Belinda L. Holmes also appeared on appellants' brief.

Counsel who presented argument on behalf of the appellee was Alok Ahuja of Kansas City, MO. Terry J. Satterlee also appeared on appellee's brief.

Before BEAM and HANSEN, Circuit Judges, and MOODY,^[1] District Judge.

Footnotes

1. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, sitting by designation.