IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
NATURAL RESOURCES DEFENSE COUNCIL, >
i
Petitioners, ) Petition for
) Review
V. > N o . -
CHRISTINE TODD WHITMAN, ADMINISTRATOR,
UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY, and UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
PETITION FOR REVIEW
The Natural Resources Defense Council (NRDC), pursuant to Rule 15(a) of the
Federal Rules of Appellate Procedure, and the Safe Drinking Water Act, Q 1448(a), 42
U.S.C. $3OOj-7(a), hereby petitions this Court for review of a Final Rule published by
respondent, the United States Environmental Protection Agency (EPA), in the Federal
Register on May 22, 2001, 66 Fed. Reg. 28342 ("Suspension Rule"). That rule purports
to suspend until February 22,2002, key provisions of a Final Rule entitled "National
Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New
Source Contaminants Monitoring." 66 Fed. Reg. 6976 (January 22, 2001).
NRDC is a national, non-profit environmental organization with over 500,000
members nationwide. NRDC and its members have a strong and direct interest in the
prompt implementation of the January 22,200l Final Rule, because tens of millions of
Americans, including many NRDC members, currently have unacceptably high levels of
arsenic in their tap water, and many have not been informed of the potential health
SNIPPETS:
IN THE UNITED STATES COURT OF APPEALS
CHRISTINE TODD WHITMAN, ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION
Respondents.
The Natural Resources Defense Council (NRDC), pursuant to Rule 15of the
hereby petitions this Court for review of a Final Rule published by
respondent, the United States Environmental Protection Agency (EPA), in the Federal
to suspend until February 22,2002, key provisions of a Final Rule entitled "National
Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New
members nationwide.
NRDC and its members have a strong and direct interest in the
arsenic in tap water may present a risk of death from cancer of approximately one in 100,
a risk that NAS, EPA, and virtually all public health officials and experts consider
By EPA's own estimation, the lower arsenic standard in the January 22,
standard as the May 22,200l Suspension Rule purports to do, however, threatens the
threatens their health because it makes it likely that they will continue to be exposed to
interfere with the proper functioning of their cells, which can lead to cancer, and by
causing numerous other adverse health effects evaluated at length in EPA's January 22,
2001 rule and the National Academy of Sciences study.
and of the health implications of drinking such arsenic.
notification may enable them to take action to avoid exposure to arsenic in tap water.
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