United States DC Circuit

Petition for review challenging respondent's rule regulating microbial contaminants in drinking water and requiring subject cities to take several steps to eliminate the parasite Cryptosporidium from their drinking water is denied over claims that respondent: 1) improperly conducted a required cost-benefit analysis; 2) provided inadequate notice and opportunity for public comment; 3) ignored significant comments on the draft rule; 4) failed to use the best available science; and 5) issued a final rule unsupported by the record.

Appellate Information

• Decided 11/06/2007
• Published 11/06/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John M. Stevens, argued the cause for petitioner.   With him on the briefs was Jonathan M. Ettinger., Susan E. Amron, Assistant Corporation Counsel, was on the brief for intervenor City of New York in support of petitioner.  Christopher G. King, Counsel, entered an appearance., Diane Curran was on the brief for amici curiae Oregon Wild, et al. in support of petitioner., Timothy Donaldson and Charles B. Roe, Jr. were on the brief for amicus curiae City of Walla Walla, Washington.


• For Appellees:
  
• Martin F. McDermott, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was Caroline H. Wehling, Assistant General Counsel.