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NATURAL RES. DEF. COUNCIL v. ENVIRON. PROT. AGENCY

No. 04-1438.

464 F.3d 1 (2006)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Michael O. Leavitt, Administrator, U.S. Environmental Protection Agency, Respondents Methyl Bromide Industry Panel of the American Chemistry Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied August 29, 2006.

Attorney(s) appearing for the Case

David D. Doniger, Amanda Cohen Leiter, Natural Resources Defense Council, Washington, DC, for Petitioner.

Steven Edward Rusak, Attorney, David S. Gualtieri, John Charles Cruden, Assistant Attorney General, Steven Edward Rusak, Attorney, U.S. Department of Justice, Ann R. Klee, General Counsel, Diane E. McConkey, U.S. Environmental Protection Agency, Washington, DC, for Respondents.

David Burton Weinberg, Wiley, Rein & Fielding, Washington, DC, for Intervenor.

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

Rehearing En Banc Denied August 29, 2006.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Senior Circuit Judge EDWARDS.

RANDOLPH, Circuit Judge.

The United States and other countries entered into the Montreal Protocol on Substances that Deplete the Ozone Layer, Sept. 16, 1987, S. TREATY DOC. NO. 100-10, 1522 U.N.T.S. 29 ("Montreal Protocol"), a treaty in which the signatory...

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