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Natural Resources Defense Council v. EPA

United States Court of Appeals for the District of Columbia Circuit

489 F.3d 1364

Relevant factsFree

The EPA created a low-risk subcategory for six hazardous air pollutants emitted during plywood and composite wood processing, finding they fell below the statutory cancer-risk ceiling, but did not establish separate emissions standards for the subcategory. Environmental groups petitioned for review, arguing the Act required emissions standards for every subcategory.

IssueFree

Whether the Environmental Protection Agency lacks authority under § 112 of the Clean Air Act to create a low-risk subcategory of harmful air pollutants that does not establish emissions standards for the pollutants.

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