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HONEYWELL INTERN., INC. v. E.P.A.

Nos. 10-1347, 10-1348, 10-1349, 10-1350.

705 F.3d 470 (2013)

HONEYWELL INTERNATIONAL, INC. and E.I. DuPont de Nemours and Company, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Arkema Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2013.

Attorney(s) appearing for the Case

Timothy K. Webster argued the cause for petitioners. With him on the briefs were James R. Wedeking , Richard Ayres , Jessica Olson , Chet M. Thompson , Robert J. Meyers , and David Y. Chung .

Perry M. Rosen , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Diane E. McConkey , Attorney. Matthew R. Oakes , Trial Attorney, entered an appearance.

Dan Himmelfarb argued the cause for intervenors. With him on the brief were John S. Hahn , Roger W. Patrick , Brian J. Wong , William J. Hamel , Roscoe C. Howard Jr. , and Gia V. Cribbs .

Dissenting opinion filed by Circuit Judge BROWN.

KAVANAUGH, Circuit Judge:

Under the Clean Air Act, the Environmental Protection Agency administers a cap-and-trade program regulating the production and consumption of hydrochlorofluorocarbons, a class of ozone-depleting pollutants. (We frown on excessive use of acronyms, but in a case involving a 24-letter word, we think it appropriate to use HCFCs for hydrochlorofluorocarbons.) This cap-and-trade program entails overall caps on production and consumption of various...

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