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Natural Resources Defense Council v. EPA
United States Court of Appeals for the District of Columbia Circuit
489 F.3d 1364 (2007)
The Natural Resources Defense Council, the Sierra Club, and the Environmental Integrity Project (plaintiffs) filed petitions in federal court seeking review of two rules promulgated by the Environmental Protection Agency (EPA) (defendant) under § 112 of the Clean Air Act. The two rules created a low-risk subcategory for six harmful air pollutants (HAPs) released into the air during the processing of plywood and composite wood products. The EPA found that the HAPs in the low-risk subcategory did not emit carcinogens in excess of the statutory ceiling, namely in amounts resulting in a lifetime cancer risk to an individual exceeding one in one million. Plaintiffs alleged that the EPA lacked authority to create the low-risk subcategory under the Act.
Rule of Law
Holding and Reasoning (Rogers, J.)
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