United States DC Circuit

EPA's use of particulate matter as a surrogate for non-volatile metal hazardous air pollutants does not violate the Clean Air Act and was neither arbitrary nor capricious, but the agency must consider whether its testing methods qualify as a "major source" of hazardous air pollutants.

Appellate Information

• Decided 12/15/2000
• Published 12/15/2000

Judges

• Before:  EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Hunter L. Prillaman argued the cause for petitioner National Lime Association.   With him on the briefs were Arline M. Seeger and Kenneth A. Rubin., James S. Pew argued the cause for petitioner Sierra Club. With him on the briefs was Howard I. Fox., William M. Bumpers was on the brief for amicus curiae the American Portland Cement Alliance.


• For Appellees:
  
• Daniel M. Flores, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were Lois J. Schiffer, Assistant Attorney General, Daniel R. Dertke, Attorney, and Steven E. Silverman, Attorney, Environmental Protection Agency.  Christopher S. Vaden and H. Michael Semler, Attorneys, U.S. Department of Justice, entered appearances.