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NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

Nos. 98-1379, 98-1429, 98-1431.

755 F.3d 1010 (2014)

NATURAL RESOURCES DEFENSE COUNCIL and Sierra Club, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Respondents. American Chemistry Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2014.

Attorney(s) appearing for the Case

James S. Pew argued the cause for the petitioners. Khushi K. Desai and David R. Case were on brief.

Norman L. Rave, Jr. , Attorney, United States Department of Justice, argued the cause for the respondents. Robert G. Dreher , Acting Assistant Attorney General, and Steven Silverman and Alan H. Carpien , Attorneys, United States Environmental Protection Agency, were on brief. Cynthia J. Morris , and Christopher S. Vaden , Attorneys, United States Department of Justice, and Lois J. Schiffer , Attorney, National Capital Planning Commission, entered appearances.

Michael W. Steinberg argued the cause for the intervenor. David M. Kerr and Leslie A. Hulse were on brief.

Thomas Sayre Llewellyn , Harry M. Ng and Deanne M. Ottaviano were on brief for amici curiae American Petroleum Institute et al. in support of the respondents.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioners Natural Resources Defense Council, Sierra Club and Environmental

Technology Council (collectively, Petitioners) seek review of a portion of a 1998 rule of the Environmental Protection Agency (EPA) creating a "Comparable Fuels Exclusion" from regulation under section 3004(q) of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6924(q). ...

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