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Natural Resources Defense Council v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
529 F.3d 1077 (2008)


Facts

The Natural Resources Defense Council and the Louisiana Environmental Action Network (plaintiffs) filed a petition in federal court seeking review of the Environmental Protection Agency’s (EPA) (defendant) residual risk rulemaking under § 112(f) of the Clean Air Act (the Act) for facilities that use or produce synthetic organic chemicals (the industry). Synthetic organic chemicals serve as raw materials in the production of plastics, rubbers, fibers, protective coatings, and detergents. The EPA found that under the technology based standard for the industry, no individual would face a cancer risk greater than 100 in one million. Plaintiffs argued that, pursuant to the Act, the appropriate standard for the industry should be a cancer risk of one in one million.

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Issue

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Holding and Reasoning (Silberman, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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