Chemical Mfrs. Ass'n v. E.P.A., s. 89-1514
Decision Date | 15 September 1995 |
Docket Number | Nos. 89-1514,s. 89-1514 |
Citation | 70 F.3d 637 |
Parties | NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant. CHEMICAL MANUFACTURERS ASSOCIATION, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. to 89-1516. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Before: WILLIAMS, GINSBURG, and RANDOLPH, Circuit Judges.
The petitions for review were considered on the record from the Environmental Protection Agency and on the briefs of the parties. The arguments have been accorded full consideration by the court and occasion no need for a published opinion. See D.C.Cir.Rule 36(b).
Petitioners challenge regulations of the Environmental Protection Agency that define the term "potential to emit" to exclude controls and limitations on a source's maximum emissions capacity unless those controls are federally enforceable. We recently decided a similar challenge in National Mining Association v. EPA, 59 F.3d 1351 (D.C.Cir.1995). Accordingly, it is
ORDERED and ADJUDGED that the regulations are vacated and the case is remanded to the Environmental Protection Agency for reconsideration in light of National Mining Association.
The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C.Cir.R. 41(a)(1).
To continue reading
Request your trial-
WildEarth Guardians v. Extraction Oil & Gas, Inc., Civil Action No. 19-cv-01286-RBJ
...issued a corollary opinion vacating the definition of "federally enforceable" under certain CAA regulations. See Chem. Mfrs. Ass'n v. EPA , 70 F.3d 637 (D.C. Cir. 1995) (table) (reiterating that it is improper to define PTE as excluding controls unless they are federally enforceable).In res......
-
Ogden Projects, Inc. v. New Morgan Landfill Company, Inc., Civ. A. No. 94-3048.
...have standing to bring the present action in federal court. IV. THE CMA DECISION In Chemical Manufacturers Association v. EPA ("CMA"), 1995 WL 650098 (D.C.Cir. September 15, 1995), 70 F.3d 637, petitioners challenged EPA regulations defining the term "potential to emit" that exclude emissio......
-
The State Ex Rel. Ohio Attorney Gen. v. Shelly Holding Co.
...to emit since the Natl. Mining court had not vacated the rule). {¶ 28} In 1995, the plaintiffs in Chem. Mfrs. Assn. v. Environmental Protection Agency (C.A.D.C.1995), 70 F.3d 637, directly challenged the definition of “potential to emit” in the USEPA regulations, where the USEPA defined the......
-
State Of Ohio Ex Rel. Ohio Attorney Gen. v. The Shelly Holding Co
...of potential to emit since the Natl. Mining court had not vacated the rule). {¶28} In 1995, the plaintiffs in Chemical Mfrs. Assn. v. E.P.A. (C.A.D.C., 1995), 70 F.3d 637 directly challenged the definition of "potential to emit" in the USEPA regulations, where the USEPA defined "potential t......
-
Interstate Air Pollution Control Using Economic-Based Air Pollution Controls
...ELR 20942 (D.C. Cir. 1982). 15. 467 U.S. 837, 14 ELR 20507 (1984). 16. 47 Fed. Reg. 15076 (Apr. 7, 1982). 17. Chemical Mfrs. Ass’n v. EPA, 70 F.3d 637 (D.C. Cir. 1995); Clean Air Implementation Project v. EPA, No. 92-1303, 1996 WL 393118 (D.C. Cir. June 28, 1996). See also 40 C.F.R. §§52.21......
-
Preconstruction Permits: New Source Performance Standards and New Source Review
...level for the pollutant, as deined in the regulations, the source must comply with NSR requirements. 102 94. 40 C.F.R. §§70.2. 95. 70 F.3d 637 (D.C. Cir. 1995). 96. No. 94-CV-3048, 1995 WL 564215, 26 ELR 20182 (E.D. Pa. Sept. 21, 1995). 97. 70 F.3d at 637. 98. Ogden Projects, Inc. v. New Mo......