Natl Lime Assn v. EPA, No. 99-1325 (D.C. Cir. 2001)

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This opinion or order relates to an opinion or order originally issued on December 15, 2000.

United States Court of Appeals for the district of columbia circuit No. 99-1325 September Term, 2000

National Lime Association, Petitioner v.

Environmental Protection Agency, Respondent

Consolidated with 99-1326

On Petitions for Review of An Order of the Environmental Protection Agency

BEFORE: Edwards, Chief Judge, Ginsburg and Tatel, Circuit Judges.


Upon consideration of the Petition for Rehearing of the Environmental Protection Agency, it is

ORDERED that the Petition for Rehearing is hereby denied, and it is

FURTHER ORDERED that the opinion filed herein on December 15, 2000 is hereby amended to substitute the paragraph beginning on the bottom of page 12 and continuing at the top of page 13 with the following:

Although we thus believe that section 7412(d)(1)'s language disposes of this issue, we add that our reading of that section is reinforced by the Clean Air Act's legislative history. A report by the Senate Committee on Environment and Public Works states: The technologies, practices or strategies which are to be considered in setting emission standards under this subsection go beyond the traditional end-of-the stack treatment or abatement system. The Administrator is to give priority to technologies or strategies which reduce the amount of pollution generated through process changes or the substitution of materials less hazardous. Pollution prevention is to be the preferred strategy wherever possible. S. REP. NO. 101-228, at 168.

FOR THE COURT: Mark J. Langer, Clerk

Filed On: February 14, 2001 [575997]