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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. E.P.A.

Nos. 97-1727, 97-1732.

194 F.3d 130 (1999)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, Respondents. Chemical Manufacturers Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1999.

Attorney(s) appearing for the Case

Andrew P. Caputo argued the cause for petitioner Natural Resources Defense Council, Inc. With him on the briefs was David G. Hawkins.

Lauren E. Freeman argued the cause for petitioners Appalachian Power Co., et al. With her on the briefs was Henry V. Nickel.

Scott J. Jordan, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and Cecilia E. Kim, Attorney.

Leslie Sue Ritts, Ellen Siegler, Henry V. Nickel, Lauren E. Freeman, Jerome H. Heckman, Peter L. de la Cruz, William H. Lewis, Michael A. McCord, Charles H. Lockwood, II, John Reese, G. William Frick, David F. Zoll and Alexandra Dunn were on the brief of Industry Intervenors in support of respondent. K. D. Grant entered an appearance.

Before: GINSBURG, SENTELLE and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Natural Resources Defense Council, Inc. ("NRDC") challenges the Environmental Protection Agency's enhanced emission source monitoring rule, known as Compliance Assurance Monitoring, promulgated pursuant to the 1990 Clean Air Act Amendments. Various industry groups challenge EPA's "any other material information" certification requirement which pertains to collecting evidence to...

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