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DOW CHEMICAL CO. v. U. S. E. P. A.

No. 78-2203.

605 F.2d 673 (1979)

The DOW CHEMICAL COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas Costle, Administrator, Respondents.

United States Court of Appeals, Third Circuit.

Decided August 24, 1979.

Attorney(s) appearing for the Case

Robert V. Zener, Pepper, Hamilton & Scheetz, Washington, D. C., James S. Hanson, Midland, Mich., for petitioner.

James W. Moorman, Asst. Atty. Gen., Land & Natural Resources Div., Angus MacBeth, Chief, Pollution Control Sec., Michael P. Carlton (Argued), Atty., Dept. of Justice, Washington, D. C., Joan Z. Bernstein, Gen. Counsel, Alan H. Carpien (Argued), Atty., Environmental Protection Agency, Washington, D. C., for respondents.

Before ADAMS, and ROSENN, Circuit Judges, and LACEY, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

One of the assumptions upon which our society is premised is that technological advancement will be encouraged and material comfort will be increased by rewarding innovation with profit. Long ago, Sir Edward Coke noted that "everyone thirsteth after gaine,"1 and, by and large, the law recognizes that experimentation and innovation will be persisted in only to the degree that an opportunity...

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