BASF WYANDOTTE CORP. v. COSTLE

Nos. 77-1042, 77-1059, 77-1081, 77-1085 and 77-1153.

582 F.2d 108 (1978)

BASF WYANDOTTE CORPORATION et al., Petitioners, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. E. I. Du PONT de NEMOURS & CO. et al., Petitioners, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. MOBAY CHEMICAL CORPORATION, Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. MONSANTO COMPANY, Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent. DOW CHEMICAL COMPANY, Petitioner, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, First Circuit.

Decided July 25, 1978.


Attorney(s) appearing for the Case

Robert C. Barnard, Douglas E. Kliever, Charles F. Lettow and Cleary Gottleib, Steen & Hamilton, Washington, D. C., on motion to file amended petitions for review in Cases 77-1042 and 77-1059, and on memorandum.

Daniel M. Dibble, Gary S. Dyer, C. David Barrier and Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., on memorandum for petitioner in Case No. 77-1081.

D. Robert Cumming, Jr., J. D. Fleming, Jr., and Sutherland, Asbill & Brennan, Atlanta, Ga., on memorandum for petitioner in Case No. 77-1153.

Paul M. Kaplow, Atty., Dept. of Justice, and Colburn T. Cherney, Atty., Environmental Protection Agency, Washington, D. C., on memorandum for respondent.

Before COFFIN, Chief Judge, and BOWNES, Circuit Judge.


COFFIN, Chief Judge.

We have before us a motion to amend petitions for review. Essentially, the disposition of this motion will determine initially1 whether we or the Fifth Circuit are mandated as the forum to conduct the review of the Environmental Protection Agency's final regulations setting effluent limitation guidelines for the pesticides industry.

In order to address the statute and case law which control the outcome of this...

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