MOSSVILLE ENVIRONMENTAL ACTION NOW v. E.P.A.

No. 02-1282.

370 F.3d 1232 (2004)

MOSSVILLE ENVIRONMENTAL ACTION NOW and Sierra Club, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, U.S. Environmental Protection Agency, Respondents. Vinyl Institute, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2004.


Attorney(s) appearing for the Case

James S. Pew argued the cause and filed the briefs for petitioners.

Brian H. Lynk, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were G. Scott Williams, Attorney, and Andrew G. Gordon, Attorney, Environmental Protection Agency. Christopher S. Vaden, Attorney, U.S. Department of Justice, entered an appearance.

Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioners Mossville Environmental Action Now and Sierra Club seek review of an Environmental Protection Agency ("EPA") rule styled "National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production." 67 Fed.Reg. 45,886 (July 10, 2002) ("the Part 63 NESHAP"). This rule, adopted pursuant to section 112 of the Clean Air Act ("CAA"), set emission...

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