NAT'L ASSOCIATION FOR SURFACE FINISHING v. E.P.A.

Nos. 12-1459, 12-1460, 13-1147.

795 F.3d 1 (2015)

NATIONAL ASSOCIATION FOR SURFACE FINISHING, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Respondents California Communities Against Toxics, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 2015.


Attorney(s) appearing for the Case

Jerry Stouck , argued the cause, for petitioner, National Association, for Surface Finishing. With him on the briefs was Christopher L. Bell.   Joel F. Visser and Roger R. Martella Jr. entered appearances.

Emma C. Cheuse , argued the cause, for petitioners Clean Air Council et al. With her on the briefs was James S. Pew.   Khushi K. Desai entered an appearance.

Jonathan A. Wiener , Deputy Attorney General, Office of the Attorney General for the State of California, argued the cause for amici curiae California Air Resources Board, et al. With him on the brief were Kamala D. Harris , Attorney General, Robert W. Byrne , Senior Assistant Attorney General, Gavin G. McCabe , Supervising Deputy Attorney General, Ross H. Hirsch , Deputy Attorney General, Eric T. Schneidermann , Attorney General, Office of the Attorney General for the State of New York, Michael J. Myers , Assistant Attorney General, Kurt R. Wiese , and Barbara B. Baird.

William L. Wehrum , Elizabeth L. Horner , Leslie A. Hulse , and Quentin Riegel were on the brief for amicus curiae Chromium RTR Coalition in support of petitioner National Association for Surface Finishing.

John T. Suttles , Myra D. Blake , and Patrice L. Simms , were on the brief for American Lung Association, et al. as amici curiae in support of environmental petitioners.

Scott L. Nelson and Allison M. Zieve , were on the brief, for amicus curiae United States Representative Henry A. Waxman in support of environmental petitioners.

T. Monique Peoples , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Sam Hirsch , Acting Assistant Attorney General, Stephanie J. Talbert , Attorney, and Jan M. Tierney , Attorney, U.S. Environmental Protection Agency.

Robert G. Dreher and Jon M. Lipshultz , Attorneys, U.S. Department of Justice, entered appearances.

Jerry Stouck and Christopher L. Bell , were on the brief, for intervenor-respondent National Association of Surface Finishing.

Emma C. Cheuse and James S. Pew , were on the brief, for environmental respondents-intervenors Clean Air Act Council, et al.

Before GRIFFITH and PILLARD, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


In this case we consider a pair of challenges to a 2012 regulation promulgated by the U.S. Environmental Protection Agency (EPA), revising Clean Air Act standards for emissions of hexavalent chromium. Hexavalent chromium is a carcinogenic compound emitted into the air during various chrome-finishing processes at more than...

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