NATIONAL LIME ASS'N v. E.P.A.

Nos. 99-1325, 99-1326.

233 F.3d 625 (2000)

NATIONAL LIME ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 15, 2000.

As Amended on Denial of Rehearing February 14, 2001.


Attorney(s) appearing for the Case

Hunter L. Prillaman argued the cause for petitioner National Lime Association. With him on the briefs were Arline M. Seeger and Kenneth A. Rubin.

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

Daniel M. Flores, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Lois J. Schiffer, Assistant Attorney General, Daniel R. Dertke, Attorney, and Steven E. Silverman, Attorney, Environmental Protection Agency. Christopher S. Vaden and H. Michael Semler, Attorneys, U.S. Department of Justice, entered appearances.

William M. Bumpers was on the brief for amicus curiae the American Portland Cement Alliance.

Before: EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judges GINSBURG and TATEL.*

GINSBURG and TATEL, Circuit Judges:

In this case we consider petitions by the Sierra Club and the National Lime Association challenging the Environmental Protection Agency's hazardous air pollutant emission regulations for cement manufacturing. With respect to the Sierra Club petition we (1) reject its challenge to the emission standards for hazardous metals and...

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