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ASSOCIATION OF IRRITATED RESIDENTS v. E.P.A.

Nos. 05-1177, 05-1336, 05-1337, 06-1053, 06-1209, 06-1320, 07-1038.

494 F.3d 1027 (2007)

ASSOCIATION OF IRRITATED RESIDENTS, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator, U.S. Environmental Protection Agency, Respondents National Pork Producers Council and Roe Farm, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2007.

Attorney(s) appearing for the Case

Brent J. Newell argued the cause for petitioners. With him on the briefs were Patrick Gallagher and Angel M. Latterell. David G. Bookbinder entered an appearance.

Norman L. Rave, Jr., Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Carol S. Holmes, Counsel, Environmental Protection Agency.

Richard E. Schwartz and Kirsten L. Nathanson were on the brief for intervenors in support of respondents.

Before: SENTELLE, ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Circuit Judge ROGERS.

SENTELLE, Circuit Judge:

Community and environmental groups petition for review of agreements between EPA and animal feeding operations. The agreements are designed to bring the facilities into compliance with the permitting and reporting requirements of three environmental statutes. Petitioners argue that the agreements are rules disguised as enforcement...

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