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DOW CHEMICAL CO. v. COSTLE

Civ. A. No. 79-581.

484 F.Supp. 101 (1980)

The DOW CHEMICAL COMPANY, Plaintiff, v. Douglas M. COSTLE, Administrator of the Environmental Protection Agency, and Environmental Protection Agency, Defendants.

United States District Court, D. Delaware.

January 23, 1980.

Attorney(s) appearing for the Case

Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, Del., Robert V. Zener and William DeStefano of Pepper, Hamilton & Scheetz, Philadelphia, Pa., and Washington, D. C., and James N. O'Connor, Midland, Mich., of counsel, for plaintiff.

James W. Garvin, Jr., U. S. Atty., Peggy Ableman, Asst. U. S. Atty., Wilmington, Del., James W. Moorman, Asst. Atty. Gen., Donald W. Stever, Jr. and Stephen Ramsey, Attys., Dept. of Justice, Washington, D. C., and Ruth Greenspan Bell and John Lyon, Attys. EPA, Washington, D. C., of counsel, for defendants.

OPINION

LATCHUM, Chief Judge.

Once again this Court finds itself spending an inordinate amount of time wading through a legal quagmire in order to determine whether it has jurisdiction to entertain the underlying controversy between the parties to this action. This time the legal confusion arises from the jurisdictional provisions of the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2618. These provisions have evidently never been construed by...

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