United States DC Circuit
Coalition of Battery Recyclers Assoc. v. EPA, 09-1011
In a petition for review of the EPA's revision of air quality criteria and national ambient air quality standards (NAAQS) relating to lead, the petition is denied where: 1) given the recent scientific evidence on which it relied, EPA's decision to base the revised lead NAAQS on protecting the subset of children likely to be exposed to airborne lead at the level of the standard was not arbitrary or capricious; 2) EPA reasonably explained why it relied more on the evidence-based framework than on the risk assessment model results; and 3) petitioners failed to show that EPA's conclusions regarding the lead NAAQS level were valid only for exposures to lead averaged over a period of one year.
Appellate Information
- Argued 04/06/2010
- Decided 05/14/2010
- Published 05/14/2010
Judges
- Before SENTELLE, Chief Judge, ROGERS and GARLAND, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Michael B. Wigmore argued the cause for petitioner Coalition of Battery Recyclers Association in No. 09-1011. Dennis Lane argued the cause for petitioner The Doe Run Resources Corporation in No. 09-1012. With them on the briefs were Robert N. Steinwurtzel and Sandra P. Franco.
- For Appellees:
- Eric G. Hostetler, Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent.