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CEMENT KILN RECYCLING COALITION v. E.P.A.

Nos. 99-1457 (Consolidated with 99-1477, 99-1480, 99-1483, 99-1485, 99-1486, 99-1490, 99-1491, 99-1492, 99-1493, 99-1494, 99-1495, 99-1496, 99-1497, 99-1498)

255 F.3d 855 (2001)

CEMENT KILN RECYCLING COALITION, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, Respondents. Dow Chemical Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2001.

Attorney(s) appearing for the Case

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

Jeremiah J. Jewett, III, David P. Novello, Ronald A. Shipley, and Scott H. Segal argued the cause for Industry Petitioners. With them on the briefs were Richard G. Stoll, Michael W. Steinberg, Terry J. Satterlee, Alok Ahuja, Karl S. Bourdeau, David M. Friedland, Aaron H. Goldberg, Lisa M. Jaeger, David R. Case, Thomas G. Echikson, James N. Cahan, William M. Bumpers, David A. Smart, and Douglas H. Green.

David R. Case argued the cause and filed the briefs for petitioner Environmental Technology Council.

Richard G. Stoll, David P. Novello, Michael W. Steinberg, Ronald A. Shipley, Karl S. Bourdeau, David M. Friedland, Aaron H. Goldberg, Scott H. Segal, Lisa M. Jaeger, David R. Case, William M. Bumpers, and Jeremiah J. Jewett, III were on the brief for industry intervenors. Joshua D. Sarnoff entered an appearance.

Lois Godfrey Wye and Norman L. Rave, Jr., Attorneys, U.S. Department of Justice, and Steven E. Silverman, Attorney, Environmental Protection Agency, argued the cause for respondents. With them on the brief was Lois J. Schiffer, Assistant Attorney General at the time the brief was filed, U.S. Department of Justice. Christopher S. Vaden, Attorney, U.S. Department of Justice, entered an appearance.

James S. Pew and Howard I. Fox were on the brief for intervenor Sierra Club.

David R. Case was on the brief for intervenor Environmental Technology Council.

Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed PER CURIAM.*

PER CURIAM:

In this case, industry and environmental petitioners challenge EPA air pollution standards for hazardous waste combustors. Because the standards fail to reflect the emissions achieved in practice by the best-performing sources as required by the Clean Air Act, we remand to the Agency for further proceedings. In all other respects, we deny the petitions for review.

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