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Natural Resources Defense Council v. EPA

ELR Citation: 36 ELR 20051
Nos. No. 04-1438, (D.C. Cir., 03/07/2006)

The court dismisses a petition for review challenging a U.S. Environmental Protection Agency (EPA) rule implementing critical use exemptions for methyl bromide, a pesticide with significant ozone-depleting potential. The petitioner argued that EPA violated consensus decisions of the parties to the Montreal Protocol on Substances That Deplete the Ozone Layer. Although the legal status of consensus decisions of parties to a treaty—decisions not ratified by the U.S. Senate or otherwise incorporated into domestic statutory law—presents novel and difficult issues, the court did not reach these issues because the petitioner lacked standing. Claims that the petitioner's members will face a greater chance of contracting skin cancer, cataracts, and other ailments as a result of EPA's rule are too speculative and hypothetical to constitute an injury-in-fact for standing purposes.