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CEMENT KILN RECYCLING COALITION v. E.P.A.

No. 06-1005.

493 F.3d 207 (2007)

CEMENT KILN RECYCLING COALITION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2007.

Attorney(s) appearing for the Case

Richard G. Stoll, Jr. argued the cause for petitioner. With him on the briefs was Katherine E. Lazarski.

David J. Kaplan, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Laurel Celeste, Counsel, U.S. Environmental Protection Agency. Cynthia J. Morris, Attorney, U.S. Department of Justice, entered an appearance.

Before: HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The Cement Kiln Recycling Coalition petitions for review of an Environmental Protection Agency regulation that governs the permitting process for facilities that burn hazardous waste as fuel. The Coalition also petitions for review of a guidance document, the Human Health Risk Assessment Protocol, that pertains to the same permitting process. For the reasons stated below, we deny...

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