N. R. D. C. v. E. P. A., 07-1040 (D.C. Cir. 1-22-2008)

NATURAL RESOURCES DEFENSE COUNCIL, PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY AND STEPHEN L. JOHNSON, ADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENTS CHEMTURA CORPORATION AND AMERICAN CHEMISTRY COUNCIL, INTERVENORS.

No. 07-1040.United States Court of Appeals, District of Columbia Circuit.
FILED ON: JANUARY 22, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Petition for Review of an Order of the Environmental Protection Agency.

Before: SENTELLE and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Per Curiam.

JUDGMENT
These causes came on to be heard on the petition for review of an order of the Environmental Protection Agency and were argued by counsel. On consideration thereof, it is

ORDERED and ADJUDGED that the petition for review is barred by the preclusive effect of our prior decision, in accordance with the opinion of the court filed herein this date.

Opinion for the court filed by Senior Circuit Judge Williams.

Page 2

ORDER
It is ORDERED, on the court’s own motion, that the Clerk withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc. See
Fed.R.App.P. 41(b); D.C. Cir. Rule 41. This instruction to the Clerk is without prejudice to the right of any party to move for expedited issuance of the mandate for good cause shown.