A COMMUNITY VOICE; California Communities Against Toxics; Healthy Homes Collaborative; New Jersey Citizen Action; New York City Coalition to End Lead Poisoning; Sierra Club; United Parents Against Lead National; We Act for Environmental Justice, Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, Administrator, United States Environmental Protection Agency, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 27, 2020 San Francisco, California.
Daniel R. Dertke (argued), Attorney Environmental Defense Section; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Steve Anderson, Office of the General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Respondents.
Bethany A. Davis Noll , Institute for Policy Integrity, New York, New York, for Amicus Curiae Institute for Policy Integrity.
Erik C. Baptist , Richard W. Smith , and Douglas C. Dreier , Wiley Rein LLP, Washington, D.C., for Amici Curiae National Association of Home Builders of the United States, Window & Door Manufacturers Association, National Multifamily Housing Council, and National Apartment Association.
Emily A. Benfer , Health Justice Advocacy Clinic, Morningside Heights Legal Services Inc., Columbia Law School, New York, New York, for Amici Curiae American Academy of Pediatrics, American Public Health Association, National Association of County and City Health Officials, Network for Public Health Law, and Dr. Bruce Lanphear.
Tom Neltner , Silver Spring, Maryland, for Amicus Curiae Lead and Environmental Hazards Association.
Dissent by Judge N.R. Smith.
OPINION
SCHROEDER, Circuit Judge.
INTRODUCTION
This case is part of what is becoming a lengthy, not very hopeful, saga of our nation's efforts to deal with the dangers of lead paint that remain in older housing, in soil, as well as in the residue of earlier clean ups. Before us is the Environmental Protection Agency's Final 2019...
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