CFA v. U.S. CONSUMER PRODUCT SAFETY COM'N

No. 88-1664.

883 F.2d 1073 (1989)

CONSUMER FEDERATION OF AMERICA, Petitioner, v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION; Terrence Scanlon, Chairman of the U.S. Consumer Product Safety Commission, and Carol G. Dawson and Anne Graham, Commissioners of the U.S. Consumer Product Safety Commission, Respondents, Halogenated Solvents Industry Alliance, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 1989.


Attorney(s) appearing for the Case

Melvin L. Goldberg, with whom Mary Ellen Fise (for petitioner Consumer Federation of America) and Robert G. Abrams, Washington, D.C., (for amicus curiae The State of N.Y.) were on the joint brief, for petitioner and amicus curiae in support of petitioner.

Jacqueline H. Eagle, Atty., U.S. Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen. at the time the brief was filed, Margaret A. Cotter, Asst. Director, Office of Consumer Litigation, U.S. Dept. of Justice, Washington, D.C., and Steven Lemberg, Asst. Gen. Counsel, and Harleigh Ewell, Atty., Chevy Chase, Md., Consumer Product Safety Com'n, were on the brief, for respondents.

W. Caffey Norman III for intervenor.

Before ROBINSON, BUCKLEY, and WILLIAMS, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Petitioner Consumer Federation of America seeks review of a United States Consumer Product Safety Commission order denying its petition for the initiation of rulemaking proceedings to ban the use of the solvent methylene chloride in household products. The Federal Hazardous Substances Act authorizes the Commission to designate "banned hazardous substances" and provides that the Commission...

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