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NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

No. 04-1438.

440 F.3d 476 (2006)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, 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.

Decided March 7, 2006.

Attorney(s) appearing for the Case

David D. Doniger argued the cause for petitioner. With him on the briefs was Amanda C. Leiter.

Steven E. Rusak, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Kelly A. Johnson, Acting Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, Ann R. Klee, General Counsel, U.S. Environmental Protection Agency, and Diane E. McConkey, Counsel.

David B. Weinberg, Tracy A. Heinzman, and Eric Andreas were on the brief for intervenor.

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

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The United States and other countries entered into a treaty in which they agreed to reduce the use of certain substances, including methyl bromide, that degrade the stratospheric ozone layer. The Environmental Protection Agency (EPA) issued a rule implementing "critical use" exemptions from the treaty's general ban on production and consumption of methyl bromide. The Natural Resources...

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