United States DC Circuit

Petition to review defendant's proposed rule to implement critical use exemption for methyl bromide, after party nations to the Montreal Protocol on Substances that Deplete the Ozone Layer decided to allow the U.S. to produce a level of methyl bromide necessary to satisfy critical uses, is denied where, although plaintiff has standing to pursue a claim, post-ratification agreements of the parties are not binding law, and defendant's rule is not in violation of any domestic law within the meaning of the Clean Air Act.

Appellate Information

• Decided 08/29/2006
• Published 08/29/2006

Judges

• Before:  HENDERSON and RANDOLPH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David D. Doniger, Amanda Cohen Leiter, Natural Resources Defense Council, Washington, DC, for Petitioner., David Burton Weinberg, Wiley, Rein & Fielding, Washington, DC, for Intervenor.


• For Appellees:
  
• Steven Edward Rusak, Attorney, David S. Gualtieri, John Charles Cruden, Assistant Attorney General, Steven Edward Rusak, Attorney, U.S. Department of Justice, Ann R. Klee, General Counsel, Diane E. McConkey, U.S. Environmental Protection Agency, Washington, DC, for Respondents.