NATIONAL ASS'N OF HOME BUILDERS v. E.P.A.

No. 10-1183.

682 F.3d 1032 (2012)

NATIONAL ASSOCIATION OF HOME BUILDERS, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2012.


Attorney(s) appearing for the Case

Thomas C. Jackson argued the cause and filed the briefs for petitioners.

Stephanie J. Talbert , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the briefs was John C. Cruden , Deputy Assistant Attorney General.

Aaron Colangelo was on the brief for amicus curiae National Center for Healthy Housing in support of respondent.

Opinion for the Court filed by Circuit Judge GARLAND.


GARLAND, Circuit Judge:

In 2008, the Environmental Protection Agency (EPA) issued a rule regulating renovation and remodeling activities that create health hazards arising from lead paint. The rule contained an "opt-out" provision, which exempted owner-occupied housing from the rule's requirements if the homeowner certified that no pregnant women or young children lived there. In 2010, EPA amended the rule to eliminate the opt-out provision.

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