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TSG INC. v. U.S. E.P.A.

No. 07-1116.

538 F.3d 264 (2008)

TSG INCORPORATED, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 8, 2008.

Attorney(s) appearing for the Case

Bart E. Cassidy (Argued), Katherine L. Vaccaro, Manko, Gold, Katcher & Fox, Bala Cynwyd, PA, Attorneys for Petitioner.

David Gunter (Argued), Thomas A. Lorenzen, United States Department of Justice, Environmental Defense Section, Washington, DC, Attorneys for Respondent.

Before: SCIRICA, Chief Judge, AMBRO and FISHER, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

TSG, Inc. ("TSG") filed this petition to challenge the validity of the Environmental Protection Agency's ("EPA") Applicability Determination, which found that TSG was a fabric "finishing operation" under Subpart OOOO of the National Emission Standards for Hazardous Air Pollutants ("NESHAP"). TSG argues that its fabric treating process should not be required to abide by the finishing operation standards and should...

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