ENVIRONMENTAL HEALTH TRUST v. FCC

Attorney(s) appearing for the Case

W. Scott McCollough argued the cause for petitioners. With him on the joint briefs were Edward B. Myers and Robert F. Kennedy, Jr.

Sharon Buccino was on the brief for amici curiae Natural Resources Defense Council and Local Elected Officials in support of petitioners.

Dan Kleiber and Catherine Kleiber, pro se, were on the brief for amici curiae Dan and Catherine Kleiber in support of peititioners.

James S. Turner was on the brief for amicus curiae Building Biology Institute in support of petitioners.

Stephen L. Goodman was on the brief for amicus curiae Joseph Sandri in support of petitioners.

Ashley S. Boizelle , Deputy General Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Jonathan D. Brightbill , Principal Deputy Assistant Attorney General at the time the brief was filed, U.S. Department of Justice, Eric Grant , Deputy Assistant Attorney General at the time the brief was filed, Jeffrey Beelaert and Justin Heminger , Attorneys, Thomas M. Johnson, Jr. , General Counsel at the time the brief was filed, Federal Communications Commission, Jacob M. Lewis , Associate General Counsel, and William J. Scher and Rachel Proctor May , Counsel. Richard K. Welch , Deputy Associate General Counsel, entered an appearance.

Opinion dissenting in part filed by Circuit Judge Henderson.