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SIERRA CLUB v. U.S. E.P.A.

No. 97-1686.

167 F.3d 658 (1999)

SIERRA CLUB and Natural Resources Defense Council, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, United States Environmental Protection Agency, Respondents. Integrated Waste Services Association and Pharmaceutical Research and Manufacturers of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1999.

Attorney(s) appearing for the Case

James S. Pew argued the cause for petitioners. With him on the briefs was Howard I. Fox.

Steven Edward Rusak, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and Michael W. Thrift, Counsel, United States Environmental Protection Agency.

Michael B. Wigmore argued the cause for intervenors. With him on the brief were Charles H. Knauss, Tracy N. Zlock and David M. Friedland.

David P. Novello was on the brief for amicus curiae Cement Kiln Recycling Coalition.

David S. Biderman was on the brief for amicus curiae Medical Waste Institute.

Before: WALD, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Section 129 of the Clean Air Act, added by the 1990 amendments, directs EPA to establish performance standards for new and existing medical waste incinerators ("MWIs"), including "emissions limitations and other requirements" for new units and "guidelines ... and other requirements" for existing units. 42 U.S.C. ...

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