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AMERICAN COKE AND COAL CHEMICALS INSTITUTE v. E.P.A.

No. 03-1039.

452 F.3d 930 (2006)

AMERICAN COKE AND COAL CHEMICALS INSTITUTE, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 2006.

Attorney(s) appearing for the Case

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

Eric G. Hostetler, Attorney, U.S. Department of Justice, argued the cause for respondent. On the briefs were John C. Cruden, Deputy Assistant Attorney General, Brian H. Lynk, Attorney, and Richard T. Witt, Counsel, U.S. Environmental Protection Agency.

Before: HENDERSON, ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

In 2002, the Environmental Protection Agency promulgated a final rule under the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq. (2000), revising certain nationwide limitations on water pollutant discharges from sources in the cokemaking subcategory of the iron and steel industry.1 The American Coke and Coal Chemicals Institute ("Institute...

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