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NATURAL RESOURCES DEFENSE COUNCIL v. REGAN

No. 20-1335.

67 F.4th 397 (2023)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. Michael S. REGAN, Administrator, U.S. Environmental Protection Agency and Environmental Protection Agency, Respondents. American Water Works Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 2023.

Attorney(s) appearing for the Case

Sarah V. Fort argued the cause for petitioner. With her on the briefs was Charles R. Corbett .

David J. Berger was on the brief for amici curiae Academic Scientists in support of petitioner.

Sarah A. Buckley , Senior Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Todd Kim , Assistant Attorney General.

Corinne Snow argued the cause for respondent-intervenor American Water Works Association. With her on the brief was Ronald J. Tenpas . Jeremy C. Marwell entered an appearance.

Annie S. Amaral and Thomas C. Roberts were on the brief for amici curiae American Chemistry Council and Western Growers in support of respondents.

Opinion concurring in the judgment filed by Circuit Judge Pan.

In 2011, the Environmental Protection Agency ("EPA") issued its "final determination to regulate perchlorate in drinking water" under the Safe Drinking Water Act. Drinking Water: Regulatory Determination on Perchlorate, 76 Fed. Reg. 7,762, 7,762 (Feb. 11, 2011). That determination started a clock under the Safe Drinking...

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