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HOOKER CHEM. CO., RUCO DIV. v. U. S., ETC.

Nos. 79-2194, 79-2567.

642 F.2d 48 (1981)

HOOKER CHEMICAL COMPANY, RUCO DIVISION, Petitioner in 79-2194, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION II, Respondent in 79-2194. TENNECO CHEMICALS, INC., Park 80 Plaza West-1, Saddle Brook, New Jersey 07662, Petitioner in 79-2567, v. Eckardt C. BECK, Regional Administrator, United States Environmental Protection Agency, Region II, 26 Federal Plaza, New York, New York 10007; United States Environmental Protection Agency, 401 M Street S.W., Washington, D.C. 20450, Respondent in 79-2567.

United States Court of Appeals, Third Circuit.

Decided February 23, 1981.

Attorney(s) appearing for the Case

John C. Murphy, Jr. (argued), Charles F. Lettow, Janet L. Weller, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., David A. Giannotti, Houston, Tex., Bruce L. Harrison, Capehart & Scatchard, P.A., Moorestown, N.J., for Hooker Chemical Co.

Nancy L. Long (argued), Donald W. Stever, Jr., James W. Moorman, Dept. of Justice, Washington, D.C., Michelle Corash, Todd Joseph, Jane Axelrad, Environmental Protection Agency, Washington, D.C., for Environmental Protection Agency.

Allan J. Topol (argued), Edward R. Mackiewicz, Steven S. Rosenthal, Covington & Burling, Washington, D.C., George S. Flint, Tenneco Chemicals, Inc., Saddle Brook, N.J., for Tenneco Chemicals, Inc.

Before GIBBONS and WEIS, Circuit Judges and BECHTLE, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

The EPA issued orders against several chemical companies stating that they had discharged vinyl chloride in violation of regulations and directing compliance in the future. After the Hooker Chemical Company and Tenneco Chemicals, Inc. filed petitions for review, the agency withdrew the orders against those two companies, but reserved the right to take further enforcement action with respect to the emissions. The...

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