United States DC Circuit

Petition for review, challenging respondent's 2007 "critical use" exemption for methyl bromide, is barred by the preclusive effect of the court of appeals' prior decision adjudicating petitioner's claims against respondent's framework for adopting critical use exemptions.

Appellate Information

• Argued 12/10/2007
• Decided 01/22/2008
• Published 01/22/2008

Judges

• Before:  SENTELLE and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Benjamin H. Longstreth argued the cause for petitioner.   With him on the briefs was David D. Doniger., David B. Weinberg and Eric Andreas were on the brief for intervenor American Chemistry Council.


• For Appellees:
  
• Steven E. Rusak, Attorney, United States Department of Justice, argued the cause for respondents.   With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Diane E. McConkey, Counsel, U.S. Environmental Protection Agency.