Richard C. Schleck, Trading As Brook Industrial Park, Petitioner, v. United States Environmental Protection Agency, Respondent, 953 F.2d 688 (D.C. Cir. 1992)

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U.S. Court of Appeals for the District of Columbia Circuit - 953 F.2d 688 (D.C. Cir. 1992) Jan. 30, 1992

Before MIKVA, Chief Judge, KAREN LECRAFT HENDERSON and RANDOLPH, Circuit Judges.


ORDER

PER CURIAM

Upon consideration of the motion to remand case, the opposition thereto and the reply, it is

ORDERED that the motion be granted, and the case is hereby remanded to the agency. See Ford Motor Co. v. NLRB, 305 U.S. 364 (1939). The court accepts and considers binding respondent's representations that remand will allow substantive consideration, "for the first time," of petitioner's request for reconsideration filed October 6, 1989. See Ford, 305 U.S. at 372.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.

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