ENV. DEF. FUND v. ENV. PROT. AGENCY

Nos. 79-1580, 79-1811 and 79-1816.

636 F.2d 1267 (1980)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Ad Hoc Committee on Liquid Dielectrics of the Electronic Industries Association et al., Joy Manufacturing Company, Edison Electric Institute et al., and Aluminum Company of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1980.


Attorney(s) appearing for the Case

Jacqueline M. Warren, New York City, for petitioner. William A. Butler, Washington, D. C., also entered an appearance for petitioner.

Angus MacBeth, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., with whom John W. Lyon, Atty., E. P. A., Washington, D. C., was on the brief for respondent.

Steven Rosenthal, Washington, D. C., with whom Peter J. Nickles, Washington, D. C., was on the brief, for intervenors, The Ad Hoc Committee. Robert A. Loeffler also entered an appearance for intervenor, The Ad Hoc Committee. Toni G. Allen, with whom Thomas H. Truitt, John J. Daly and James H. Davis, Washington, D. C., were on the brief, for intervenors, Edison Elec. Institute et al.

Lawrence A. Demase, Pittsburgh, Pa., J. Roy Spradley, Washington, D. C., and Blair M. Gardner, Pittsburgh, Pa., were on the brief for intervenor Joy Manufacturing Co.

Donald C. Winson and John W. Ubinger, Jr., Pittsburgh, Pa., were on the brief for intervenor Aluminum Co. of America.

Donald L. Morgan, Washington, D. C., was on the brief, for amicus curiae Color Manufacturers' Ass'n urging that the regulations in part, be set aside.

Before ROBINSON and EDWARDS, Circuit Judges, and CORCORAN, United States District Judge for the District of Columbia.


Opinion for the court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

In this case the Environmental Defense Fund (EDF) petitions for review of regulations, issued by the U. S. Environmental Protection Agency (EPA), that implement section 6(e) of the Toxic Substances Control Act (TSCA).1 That section of the Act provides broad rules governing the disposal, marking, manufacture, processing, distribution, and use of a class...

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