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ASSOCIATION OF BATTERY RECYCLERS, INC. v. E.P.A.

Nos. 12-1129, 12-1130, 12-1134, 12-1135.

716 F.3d 667 (2013)

ASSOCIATION OF BATTERY RECYCLERS, INC., et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Respondents. RSR Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2013.

Attorney(s) appearing for the Case

Mark W. DeLaquil argued the cause for Industry-Petitioners/Industry Respondent-Intervenors. With him on the briefs were Robert N. Steinwurtzel , Thomas E. Hogan , Timothy J. Fitzgibbon , Bernard F. Hawkins Jr. , Clarence Davis , Newman Jackson Smith , and Dennis Lane .

Emma C. Cheuse argued the cause for Environmental Petitioners/Environmental Respondent-Intervenors. With her on the briefs were James S. Pew and Avinash Kar .

Timothy D. Backstrom argued the cause for intervenor RSR Corporation. With him on the brief was Lynn L. Bergeson .

Angeline Purdy , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Steven Silverman , Attorney, U.S. Environmental Protection Agency.

Concurring opinion filed by Senior Circuit Judge SILBERMAN.

PER CURIAM:

In this case we consider challenges to EPA's revised emissions standards for secondary lead smelting facilities. Finding petitioners' claims unpersuasive, foreclosed by Circuit precedent, or otherwise barred from review, we deny in part and dismiss in part the petitions for review.

I.

Section 112 of the Clean Air Act requires EPA to promulgate emissions standards for major sources of hazardous...

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