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MEDICAL WASTE INSTITUTE v. E.P.A.

No. 09-1297.

645 F.3d 420 (2011)

MEDICAL WASTE INSTITUTE AND ENERGY RECOVERY COUNCIL, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Coalition for Responsible Waste Incineration, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 2011.

Attorney(s) appearing for the Case

Michael B. Wigmore argued the cause for petitioners. With him on the briefs was Sandra P. Franco .

Ronald A. Shipley , William L. Wehrum , James W. Rubin , and Richard G. Stoll were on the briefs for intervenor Coalition for Responsible Waste Incineration and amici curiae Manufacturers' HMIWI Coalition and Cement Kiln Recycling Coalition in support of petitioners.

Perry M. Rosen , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Michael W. Thrift , Counsel, U.S. Environmental Protection Agency. Daniel R. Dertke , Attorney, U.S. Department of Justice, entered an appearance.

James S. Pew argued the cause for intervenors Natural Resources Defense Council and Sierra Club in support of respondent. With him on the brief were Colin C. O'Brien and John D. Walke .

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Petitioners Medical Waste Institute and Energy Recovery Council, trade associations representing the medical waste and waste-to-energy industries, respectively, petition for review of a regulation promulgated by the Environmental Protection Agency ("EPA") setting performance standards for new and existing hospital/medical/infectious waste incinerators ("HMIWI"). Petitioners argue that the data set EPA used to establish these standards was flawed...

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