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Federal Courts -
DC Circuit Court and Court of Appeals - March 13, 2007
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Sierra Club v. EPA, No. 03-1202, Consolidated with 06-1013,
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 13, 2007, Decided
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Overview: EPA violated the Clean Air Act by using a flawed process to set emission floors for hazardous pollutants from new and existing brick and ceramics kilns; 42 U.S.C.S. § 7412(d)(2),(3), required the EPA to set such floors based on emission levels actually achieved, rather than achievable, by the best-performing sources using all existing technologies.
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