NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, U.S. Environmental Protection Agency, Respondents,
Vinyl Institute, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 29, 1987.
Decided July 28, 1987.
Attorney(s) appearing for the Case
David D. Doniger, Washington, D.C., for petitioner.
Peter R. Steenland, Atty. Dept. of Justice, with whom Stephen L. Samuels, Margaret N. Strand, Michael W. Steinberg, Mark P. Fitzsimmons, Attys., Dept. of Justice, Francis Blake, Gen. Counsel, William Pedersen, Associate Gen. Counsel, Charles Carter, Asst. Gen. Counsel, and Earl Salo, Atty., E.P.A., Washington, D.C., were on the brief, for respondents.
Jerome H. Heckman, Peter L. delaCruz, Gary H. Baise, Robert Brager, Brenda Mallory, Albert J. Beveridge III and Don G. Scroggin, Washington, D.C., were on the brief for intervenor, The Vinyl Institute.
Daniel Marcus, Washington, D.C., was on the brief for amicus curiae, American Iron and Steel Institute, urging approval of E.P.A. action to withdraw proposed amendments to the vinyl chloride standard.
Robert V. Percival, Washington, D.C., was on the brief for amicus curiae, Environmental Defense Fund, urging the grant of Natural Resources Defense Council's petition for review.
G. William Frick, Martha A. Beauchamp, Arthur F. Sampson III and John Gibson Mullan, Washington, D.C., were on the brief for amicus curiae, The American Petroleum Institute, urging affirmance of the panel decision. Stark Ritchie and Arnold Block, Washington, D.C., also entered appearances for the American Petroleum Institute.
David F. Zoll and Neil Jay King, Washington, D.C., were on the brief for amicus curiae, Chemical Manufacturers Ass'n, urging approval of E.P.A. action. Fredric P. Andes, Washington, D.C., also entered an appearance for Chemical Manufacturers Ass'n.
Frederick R. Anderson, Washington, D.C., was on the brief for amicus curiae, Various Professors of Law, urging the reversal of the panel decision.
Before WALD, Chief Judge, ROBINSON, MIKVA, EDWARDS, RUTH B. GINSBURG, BORK, STARR, SILBERMAN, BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Argued En Banc April 29, 1987.
Opinion for the Court filed by Circuit Judge BORK.
BORK, Circuit Judge:
Current scientific knowledge does not permit a finding that there is a completely safe level of human exposure to carcinogenic agents. The Administrator of the Environmental Protection Agency, however, is charged with regulating hazardous pollutants, including carcinogens, under section 112 of the Clean Air Act by setting emission standards "at the...
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