COALITION OF BATTERY RECYCLERS ASS'N v. E.P.A.

Nos. 09-1011, 09-1012.

604 F.3d 613 (2010)

COALITION OF BATTERY RECYCLERS ASSOCIATION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2010.


Attorney(s) appearing for the Case

Michael B. Wigmore argued the cause for petitioner Coalition of Battery Recyclers Association in No. 09-1011. Dennis Lane argued the cause for petitioner The Doe Run Resources Corporation in No. 09-1012. With them on the briefs were Robert N. Steinwurtzel and Sandra P. Franco.

Eric G. Hostetler, Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent.

Opinion for the Court by Circuit Judge ROGERS.


ROGERS, Circuit Judge:

Upon review of the air quality criteria and national ambient air quality standards ("NAAQS"), the Environmental Protection Agency revised the primary and secondary NAAQS for lead. See National Ambient Air Quality Standards for Lead, 73 Fed. Reg. 66,964 (Nov. 12, 2008) ("Final Rule"). The revision was designed to provide, in light of recent science, the requisite protection of public health and welfare by revising the permissible level...

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