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ARKEMA INC. v. E.P.A.

Nos. 09-1318, 09-1335.

618 F.3d 1 (2010)

ARKEMA INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 2010.

Attorney(s) appearing for the Case

Dan Himmelfarb argued the cause for petitioners. With him on the briefs were John S. Hahn , Roger W. Patrick , Brian D. Netter , William J. Hamel , David M. Williamson , and Gia V. Cribbs.

David E. Mills was on the brief for amici curiae Professors Robert H. Gertner , et al., in support of petitioners and vacatur.

Perry M. Rosen , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Diane E. McConkey , Attorney.

Dissenting opinion filed by Senior Circuit Judge RANDOLPH.

Brown, Circuit Judge:

In 1987, the United States signed the Montreal Protocol on Substances that Deplete the Ozone Layer (the Protocol). The agreement sought to "limit or eliminate the[ ] production and consumption of ozone depleting substances" by incrementally decreasing the manufacture or consumption of these substances using a series of decreasing caps, with an initial focus on chlorofluorocarbons (CFCs). Protection of Stratospheric Ozone; Listing of Substitutes...

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