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AMERICAN WATER WORKS ASS'N v. E.P.A.

Nos. 91-1338, 91-1343.

40 F.3d 1266 (1994)

AMERICAN WATER WORKS ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Association of Metropolitan Water Agencies; American Water Works Association; Lead Industries Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Erik D. Olson argued the cause and filed the briefs, for petitioner Natural Resources Defense Council in 91-1343.

Kenneth A. Rubin argued the cause and filed the briefs, for petitioner American Water Works Ass'n in 91-1338.

Ronald M. Spritzer, Atty., U.S. Dept. of Justice, argued the cause for respondent in 91-1343. With him on the brief was Steven Neugeboren, Atty., U.S. E.P.A.

Steven Neugeboren, Atty., U.S. E.P.A., argued the cause, for respondent in 91-1338. With him on the brief was Ronald M. Spritzer, Atty., U.S. Dept. of Justice, Lois J. Schiffer, Asst. Atty. Gen., U.S. Dept. of Justice, entered an appearance, for respondent in 91-1338.

Hunter L. Prillaman argued the cause, for intervenors American Water Works Ass'n and Ass'n of Metropolitan Water Agencies. With him on the brief were Kenneth A. Rubin, Robert J. Saner, II, and Rebecca Burke.

Jane Luxton argued the cause, for intervenor Lead Industries Ass'n, Inc. On the brief were Edwin H. Seeger and Kurt E. Blase.

Before GINSBURG and RANDOLPH, Circuit Judges, and SHADUR, Senior District Judge.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The American Water Works Association and the Natural Resources Defense Council separately petition for review of the Environmental Protection Agency's final rule under the Safe Drinking Water Act promulgating a national primary drinking water regulation for lead. The NRDC challenges the EPA's decisions (1) establishing a treatment technique instead of a maximum contaminant level...

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