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

No. 07-1040.

513 F.3d 257 (2008)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Stephen L. Johnson, Administrator, U.S. Environmental Protection Agency, Respondents Chemtura Corporation and American Chemistry Council, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2008.

Attorney(s) appearing for the Case

Benjamin Longstreth argued the cause for petitioner. With him on the briefs was David D. Doniger.

Steven E. Rusak, Attorney, United States Department of Justice, argued the cause for respondents. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Diane E. McConkey, Counsel, U.S. Environmental Protection Agency.

David 13. Weinberg and Eric Andreas were on the brief for intervenor American Chemistry Council.

Before: SENTELLE and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Natural Resources Defense Council challenges the Environmental Protection Agency's 2007 "critical use" exemption for methyl bromide on the grounds that it applies an unreasonable interpretation of the Clean Air Act and that it is arbitrary and capricious in light of the United States' agreements with other nations on reducing the use of methyl bromide and other ozone...

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