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CHEMICAL MFRS. ASS'N v. E.P.A.

Nos. 99-1236, 99-1514.

217 F.3d 861 (2000)

CHEMICAL MANUFACTURERS ASSOCIATION and Cement Kiln Recycling Coalition, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Environmental Technology Council, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 2000.

Attorney(s) appearing for the Case

Richard G. Stoll argued the cause for petitioners. With him on the briefs were David F. Zoll, Ronald A. Shipley, Michael W. Steinberg, Joshua D. Sarnoff and David P. Novello.

Christopher S. Vaden, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Peter D. Coppelman, Acting Assistant Attorney General, and Steven E. Silverman, Attorney, Environmental Protection Agency.

David R. Case was on the brief for intervenor Environmental Technology Council, Inc.

Before: WILLIAMS, SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Dissenting Opinion filed by Circuit Judge SENTELLE.

TATEL, Circuit Judge:

Petitioners challenge an Environmental Protection Agency rule establishing an unusual bifurcated schedule for hazardous waste combustors to comply with strict new emission standards. To meet the new standards, combustors must either modify existing facilities and processes to bring emission levels below the new limits or cease...

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