U.S. v. HOECHST CELANESE CORP.

Nos. 96-2003, 96-2051.

128 F.3d 216 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. HOECHST CELANESE CORPORATION, Defendant-Appellee. Chemical Manufacturer's Association; Corporate Environmental Enforcement Council; National Association of Manufacturers; Pharmaceutical Research and Manufacturers of America; Commonwealth of Virginia; Virginia Department of Environmental Quality; Science & Environmental Policy Project; Texas Institute for Advancement of Chemical Technology Incorporated; National Society of Professional Engineers; Texas Natural Resource Conservation Commission (TNRCC), Amici Curiae. UNITED STATES of America, Plaintiff-Appellee, v. HOECHST CELANESE CORPORATION, Defendant-Appellant. Chemical Manufacturer's Association; Corporate Environmental Enforcement Council; National Association of Manufacturers; Pharmaceutical Research and Manufacturers of America; Commonwealth of Virginia; Virginia Department of Environmental Quality; Science & Environmental Policy Project; Texas Institute for Advancement of Chemical Technology Incorporated; National Society of Professional Engineers; Texas Natural Resource Conservation Commission (TNRCC), Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1997.


Attorney(s) appearing for the Case

ARGUED: David Carlisle Shilton, United States Department of Justice, Washington, DC, for Appellant. Andrea Bear Field, Hunton & Williams, Washington, DC, for Appellee. ON BRIEF: Peter Coppelman, Acting Assistant Attorney General, Environment & Natural Resources Division, John A. Bryson, Paul G. Wolfteich, United States Department of Justice, Washington, DC; Charles Garlow, Mary Ellen Levine, United States Environmental Protection Agency, Washington, DC; David Savage, United States Environmental Protection Agency, Atlanta, GA, for Appellant. David F. Geneson, Lee A. Casey, Hunton & Williams, Washington, DC; Douglas W. Davis, John Charles Thomas, Claudia T. Farr, Hunton & Williams, Richmond, VA, for Appellee. Paul G. Wallach, Wendy E. Anderson, Hale & Dorr, Washington, DC; David F. Zoll, General Counsel, James W. Conrad, Jr., Assistant General Counsel, Chemical Manufacturers Association, Arlington, VA; Jan S. Amundson, General Counsel, Quentin Riegel, Deputy General Counsel, National Association of Manufacturers, Washington, DC; Russel A. Bantham, General Counsel, Marjorie E. Powell, Assistant General Counsel, Pharmaceutical Research and Manufacturers of America, Washington, DC, for Amici Curiae Chemical Manufacturers of America, et al. James S. Gilmore, III, Attorney General of Virginia, Roger L. Chaffee, Senior Assistant Attorney General, Mary Jo Leugers, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Amici Curiae Commonwealth of Virginia, et al. Scott M. DuBoff, John W. Heiderscheit, III, Wright & Talisman, P.C., Washington, DC, for Amici Curiae Science and Environmental Policy Project, et al. Geoffrey S. Connor, General Counsel, Texas Natural Resource Conservation Commission, Austin, TX, for Amicus Curiae Commission.

Before NIEMEYER and MOTZ, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.


No. 96-2003 affirmed in part and reversed and remanded in part and No. 96-2051 affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Chief Judge STAMP joined. Judge NIEMEYER wrote separately, concurring in part and dissenting in part.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In 1984, pursuant to its authority under the Clean Air Act, the Environmental Protection Agency (EPA) promulgated regulations governing fugitive...

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