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OZ TECHNOLOGY INC. v. E.P.A.

Nos. 95-1538 and 96-1393.

129 F.3d 631 (1997)

OZ TECHNOLOGY INCORPORATED, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 1997.

Attorney(s) appearing for the Case

David H. Leroy argued the cause for petitioner, with whom Charles B. Lempesis was on the briefs.

Michael J. Zevenbergen, Trial Attorney, U.S. Department of Justice, argued the cause for respondent, with whom Lois J. Schiffer, Assistant Attorney General, Karen L. Egbert, Attorney, and Jan M. Tierney, Attorney, Environmental Protection Agency, were on the brief.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

HARRY T. EDWARDS, Chief Judge:

Section 612(c) of the Clean Air Act ("CAA" or "Act") instructs the Administrator of the Environmental Protection Agency ("EPA" or "agency") to promulgate rules that prohibit the replacement of ozone-depleting compounds with substances "which [she] determines may present adverse effects to human health or the environment." 42 U.S.C. § 7671k(c) (1994). In the instant case, EPA designated Petitioner OZ Technology Inc.'s ("OZ") product...

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