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Natural Resources Defense Council v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
464 F.3d 1 (2006)
The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol) lists certain substances subject to the treaty’s controls, including methyl bromide. The parties to the Montreal Protocol have implemented the prescribed ozone regime through decisions taken on consensus basis at the annual Meeting of the Parties to the Montreal Convention. The Natural Resources Defense Council (NRDC) (plaintiff) challenged a rule from the Environmental Protection Agency (EPA) (defendant) on the production and consumption of methyl bromide. The NRDC argued the EPA rule violated a decision of the Meeting of the Parties to the Montreal Convention on the production and consumption limits of methyl bromide. The NRDC argued the EPA rule was not in accordance with the Clean Air Act, which authorizes the EPA to allow production, importation, and consumption of methyl bromide only to an extent consistent with the Montreal Protocol.
Rule of Law
Holding and Reasoning (Randolph, J.)
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