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SIERRA CLUB v. E.P.A.

No. 02-1253.

353 F.3d 976 (2004)

SIERRA CLUB, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 2004.

Attorney(s) appearing for the Case

James S. Pew argued the cause for petitioner. With him on the briefs was David S. Baron.

David J. Kaplan, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Michael W. Thrift, Counsel, U.S. Environmental Protection Agency.

Before: HENDERSON, TATEL, and ROBERTS, Circuit Judges.

ROBERTS, Circuit Judge:

Petitioner Sierra Club challenges the Environmental Protection Agency's promulgation, pursuant to Section 112 of the Clean Air Act, of regulations governing the emission of hazardous air pollutants from primary copper smelters. This is the latest in a series of challenges to rulemakings establishing emission standards for hazardous air pollutants in various industries under the Clean Air Act, see, e.g., Cement Kiln Recycling Coalition v...

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