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ENVIRONMENTAL DEFENSE FUND v. THOMAS

Civ. A. No. 85-0973.

657 F.Supp. 302 (1987)

ENVIRONMENTAL DEFENSE FUND, et al., Plaintiffs, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Defendants. Chemical Manufacturers Association, Defendant-Intervenor.

United States District Court, District of Columbia.

As Amended April 14, 1987.

Attorney(s) appearing for the Case

Robert V. Percival, Washington, D.C., for plaintiffs EDF.

Mark Van Putten, Ann Arbor, Mich., and David Burwell, Washington, D.C., for National Wildlife Federation.

Edward W. Warren, Timothy S. Hardy, Stuart A.C. Drake, Kirkland & Ellis, and David Zoll, Sanford E. Gaines, Chemical Manufacturers Ass'n, Washington, D.C., for defendant-intervenor.

Barry S. Neuman, Steven Rogers, Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Fred R. Dishroon, Special Litigation Counsel, U.S. Dept. of Justice, Alan Carpien, Office of General Counsel, U.S. EPA, Washington, D.C., for defendant EPA.

OPINION AND ORDER

JOYCE HENS GREEN, District Judge.

Plaintiffs Environmental Defense Fund (EDF) and National Wildlife Foundation (NWF) instituted this suit under section 21 of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2620, and the Administrative Procedure Act (APA), 5 U.S.C. § 701, seeking review of defendant Environmental Protection Agency's1 (EPA's) denial of their petition for rulemaking under the TSCA...

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