NATURAL RESOURCES DEFENSE COUNCIL and Sierra Club, Petitioners
v.
ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator, Environmental Protection Agency, Respondents
American Forest and Paper Association Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 23, 2007.
Decided June 19, 2007.
Attorney(s) appearing for the Case
James S. Pew argued the cause for petitioners NRDC, et al. With him on the briefs was John D. Walke. Amanda C. Leiter and David G. McIntosh entered appearances.
Russell S. Frye argued the cause and filed the briefs for petitioner Louisiana-Pacific Corporation.
Thomas E. Starnes and L. Eden Burgess were on the brief for amici curiae State and Territorial Air Pollution Program Administrators and Association of Local Air Pollution Control Officials in support of petitioners.
David S. Gualtieri, Attorney, and David Gunter, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, David Gunter, Attorney, and Michael W. Thrift, Counsel, U.S. Environmental Protection Agency.
Claudia M. O'Brien argued the cause for industry intervenors in support of respondent. With her on the brief was Cassandra Sturkie. Brock R. Landry, Guy J. Sternal, Paul H. Amundsen, and William F. Lane entered appearances.
Peter L. de la Cruz was on the brief for amicus curiae Formaldehyde Council, Inc. in support of respondents.
Before: GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge.
These are consolidated petitions for review of two final rules promulgated by the Environmental Protection Agency in 2004 and 2006 under Section 112 of the Clean Air Act ("CAA"), 42 U.S.C. § 7412, to regulate hazardous air pollution from processing plywood and composite wood products ("PCWP").1 PCWP sources use heat and pressure to bond wood material...
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