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EDISON ELEC. INSTITUTE v. E.P.A.

Nos. 96-1062, 96-1124, 03-1087, 03-1091, 03-1094.

391 F.3d 1267 (2004)

EDISON ELECTRIC INSTITUTE, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. American Petroleum Institute, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 2004.

Attorney(s) appearing for the Case

John C. Hall argued the cause for petitioners. With him on the briefs were James N. Christman, Andrea W. Wortzel, Alexandra D. Dunn, David E. Evans, Stewart T. Leeth, and Richard H. Sedgley. Kristy A.N. Bulleit entered an appearance.

Fredric P. Andes argued the cause and filed the briefs for intervenor.

Christina B. Parascandola and David S. Gualtieri, Attorneys, U.S. Department of Justice, argued the cause and filed the brief for respondents. Daniel R. Dertke, Attorney, U.S. Department of Justice, entered an appearance.

Before: EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

Edison Electric Institute and organizations representing corporate and municipal dischargers brought these consolidated petitions for review, claiming that certain of EPA's "whole effluent toxicity" or "WET" test methods were invalid. The tests are set forth in rules promulgated pursuant to the Clean Water Act, 33 U.S.C. § 1251 et seq. (the "Act"). The Act prohibits...

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