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HONEYWELL INTERN., INC. v. E.P.A.

No. 02-1294.

393 F.3d 1315 (2005)

HONEYWELL INTERNATIONAL, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Atofina Chemicals, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

January 7, 2005.

Attorney(s) appearing for the Case

Angus MacBeth, Timothy Kenly Webster, Sidley Austin Brown & Wood, Washington, DC, for Petitioner.

Richard E. Ayres, Barry S. Neuman, Law Office of Barry S. Neuman, Thomas Allen Lorenzen, Attorney, Steven Edward Rusak, Attorney, U.S. Department of Justice, Washington, DC, for Respondent.

Sheila A. Millar, Peter Lawrence De La Cruz, Jean-Cyril Walker, Keller & Heckman, Washington, DC, for Intervenor.

Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM.

On reconsideration, we find it unnecessary to decide whether § 307(d)(9) of the Clean Air Act, 42 U.S.C. § 7607(d)(9), requires a court to vacate erroneous action of the Environmental Protection Agency. Even if § 307(d)(9) gives a court discretion to remand without vacating, we would vacate EPA's rule for the reasons given in Judge Randolph's concurring opinion, in which Judge Sentelle joined...

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