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NAT. RES. DEF. COUNCIL, INC. v. U.S. CONSUMER PROD. SAFETY COM'N

No. 08 Civ. 10507(PGG).

597 F.Supp.2d 370 (2009)

NATURAL RESOURCES DEFENSE COUNCIL, INC. and Public Citizen, Inc., Plaintiffs, v. U.S. CONSUMER PRODUCT SAFETY COMMISSION, Defendant.

United States District Court, S.D. New York.

February 5, 2009.

Attorney(s) appearing for the Case

Mitchell S. Bernard, Natural Resources Defense Council, Inc., New York, NY, Aaron Colangelo, Natural Resources Defense Council, Washington, DC, for Plaintiffs.

Beth E. Goldman, U.S. Attorney's Office, SDNY, New York, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

PAUL G. GARDEPHE, District Judge:

On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (Pub.L. No. 110-314 (HR 4040)) (the "CPSIA"), which amends the Consumer Product Safety Act of 1972, 15 U.S.C. §§ 2051 et seq. (the "CPSA"). At issue in this lawsuit are Sections 108(a) and 108(b)(1) of the CPSIA, which make it unlawful to "offer for sale ... [or] distribute in commerce ....

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