NATIONAL MULTI HOUSING COUNCIL v. U.S. E.P.A.

No. 01-1159.

292 F.3d 232 (2002)

NATIONAL MULTI HOUSING COUNCIL; NATIONAL APARTMENT ASSOCIATION; National Leased Housing Association, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Battery Council International, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2002.

Rehearing Denied August 1, 2002.


Attorney(s) appearing for the Case

J. Marks Moore III argued the cause for the petitioners. Samuel M. Riley was on brief.

Jon M. Lipshultz, Attorney, United States Department of Justice, argued the cause for the respondent. John C. Cruden, Assistant Attorney General, United States Department of Justice, and Alan Carpien, Attorney, United States Environmental Protection Agency, were on brief.

David B. Weinberg and Edward Loring Ferguson, Jr. entered appearances for the intervenor.

Before: HENDERSON, TATEL and GARLAND, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In 1992 the Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X1 or Act), which, inter alia, amended the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601 et seq., by adding Title IV entitled "Lead Exposure Reduction." In 2001 the Environmental

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