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St. Marys Cement Inc. v. United States Environmental Protection Agency

United States Court of Appeals, Sixth Circuit

March 24, 2015

ST. MARYS CEMENT INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent

Argued: March 4, 2015.

Page 281

On Petition for Review from the United States Environmental Protection Agency. No. EPA-RO5-OAR-2010-0954.

ARGUED:

Fredrick J. Dindoffer, BODMAN PLC, Detroit, Michigan, for Petitioner.

Alan D. Greenberg, UNITED STATES DEPARTMENT OF JUSTICE, Denver, Colorado, for Respondent.

ON BRIEF:

Fredrick J. Dindoffer, Nathan D. Dupes, BODMAN PLC, Detroit, Michigan, for Petitioner.

Laurel A. Bedig, UNITED STATES DEPARTMENT OF JUSTICE, Denver, Colorado, for Respondent.

Before: CLAY, GILMAN, and SUTTON, Circuit Judges.

OPINION

Page 282

SUTTON, Circuit Judge.

The Clean Air Act enlists the States and the United States to improve visibility in the nation's federal parks and wilderness areas, among other goals. Part of this effort requires factories to add new pollution-limiting technology. One factory faced with this requirement is St. Marys Cement. (More on why St. Marys makes portland cement but not apostrophes later.) The Michigan Department of Natural Resources and Environment deemed the plant's pollution controls sufficient and excused St. Marys from the retrofitting requirement. The United States Environmental Protection Agency disagreed and required the plant to add more stringent pollution controls. St. Marys petitions this court to vacate the decision, disclaiming the value of the required technology and claiming that the plant at any rate is exempt from the retrofitting requirement. We disagree on both fronts and deny St. Marys' petition.

I.

A.

As enacted in 1963, the Clean Air Act sought to reduce the emission of air pollutants that endangered " the public health and welfare." 42 U.S.C. § 7401(b)(1); see Ala. Power Co. v. Costle, 636 F.2d 323, 346--50, 204 U.S.App.D.C. 51 (D.C. Cir. 1979). In 1977, Congress amended the Act to cover pollution-caused visibility problems in national parks and wilderness areas. See Clean ...


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