United States DC Circuit

Two separate rules promulgated by respondent agency regarding certain emission standards are vacated where: 1) respondent's definition of commercial or industrial waste, as incorporated in the definition of commercial and industrial solid waste incineration unit (CISWI) is inconsistent with the plain language of section 129 of the Clean Air Act; and 2) the National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters must be substantially revised as a consequence of the vacatur and remand of the CISWI Definitions Rule.

Appellate Information

• Argued 02/23/2007
• Decided 06/08/2007
• Published 06/08/2007

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James S. Pew argued the cause for the Environmental Petitioners.  John D. Walke was on brief., Douglas A. McWilliams argued the cause for the Municipal Petitioners.   Allen A. Kacenjar was on brief., Stuart Rabner, Attorney General, and Maurice A. Griffin and Kevin P. Auerbacher, Deputy Attorneys General, State of New Jersey;  Robert J. Spagnoletti, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Donna M. Murasky, Assistant Attorney General, District of Columbia;  Eliot Spitzer, Attorney General at the time the brief was filed, and Jacob E. Hollinger and J. Jared Snyder, Assistant Attorneys General, State of New York;  G. Steven Rowe, Attorney General, and Gerald D. Reid, Assistant Attorney General, State of Maine, were on brief for amici curiae the State of New Jersey et al. in support of the Environmental Petitioners.  Edward E. Schwab, Deputy Attorney General, District of Columbia, Peter H. Lehner, Assistant Attorney General, State of New York, and Jean P. Reilly, Assistant Attorney General, State of New Jersey, entered appearances., Geoffrey M. Klineberg and Mary Ann McGrail were on brief for amici curiae State and Territorial Air Pollution Program Administrators and the Association of Local Air Pollution Control Officials in support of the Environmental Petitioners.


• For Appellees:
  
• Pamela S. Tonglao, Norman L. Rave, Jr. and Catherine M. Wannamaker, Attorneys, United States Department of Justice, argued the cause for the respondents.  Brian L. Doster, Counsel, United States Environmental Protection Agency, was on brief.  Michele L. Walter, Attorney, United States Department of Justice, entered an appearance., Douglas H. Green argued the cause for intervenors Utility Solid Waste Activities Group et al. in support of the respondents.  James R. Rathvon and Aaron J. Wallisch were on brief.  Richard S. Wasserstrom entered an appearance., Claudia M. O'Brien argued the cause for the Industry Intervenors in support of the respondents.  Cassandra Sturkie and Ronald A. Shipley were on brief.  Craig S. Harrison, Lee B. Zeugin, Leslie A. Hulse and William F. Lane entered appearances., Marc D. Machlin and Charles H. Carpenter were on brief for amicus curiae Rubber Manufacturers Association in support of the respondents., Scott H. Segal was on brief for amicus curiae American Boiler Manufacturers Association in support of the respondents.