Environmentalists and others were infuriated over another less publicized black cat halloween pattern full printing christmas ugly sweater provision in the new rule, which would allow some refineries to purchase emissions credits to meet the new regional standards.
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According to the dissent by Judge David R. Thompson, the panel’s decision was incorrect because the language in the CWA clearly states that if the nine listed criteria are met, black cat halloween pattern full printing christmas ugly sweater “the EPA administrator ‘shall approve’ the program.” Nevertheless, the Ninth Circuit sitting en banc ruled denied a request to rehear the case. A split panel of the Ninth Circuit ruled that the EPA had acted in an arbitrarily and capriciously because the agency had “relied during the administrative proceedings on legally contradictory positions regarding its section 7 obligations.” Defenders of Wildlife v. U.S. EPA, 420 F.3d 946 (9th Cir. 2005). According to the opinion by circuit judge Marsha Berzon, the EPA did not “understand its own authority” under section 7 in the agency’s failure to act on behalf of endangered species.
More specifically, the court noted that the EPA’s decision contradicted itself because the agency had first acknowledged that it was required to consider the impact of transferring authority on endangered species and then later determined that the agency could not consider ESA concerns when it made the decision about transferring the permitting authority. But EPA defended the credit-trading program as more fair. It adopted regional benzene standards ranging from 0.52 percent along the East Coast to 0.9 percent in the Rocky Mountains. The credit-trade program would mostly affect the Pacific Northwest, where benzene emissions run nearly twice the national average. This is because much of the region’s gasoline comes from Alaska’s benzene-rich oil. For this Northwest region, the new regulations require that benzene fuel limits drop from the current level of 1.8 percent to 0.69 by 2011 (just above the national level of 0.62).