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BASF WYANDOTTE CORP. v. COSTLE

Nos. 77-1042, 77-1059, 77-1085, 77-1153, 78-1417, 78-1428, 78-1454 and 78-1462.

614 F.2d 21 (1980)

BASF WYANDOTTE CORP. et al., Petitioners, v. Douglas M. COSTLE, As Administrator, Environmental Protection Agency, Respondent. E. I. duPONT de NEMOURS AND CO. et al., Petitioners, v. Douglas M. COSTLE, As Administrator, Environmental Protection Agency, Respondent, two cases. MONSANTO COMPANY, Petitioner, v. Douglas M. COSTLE, As Administrator, Environmental Protection Agency, Respondent, two cases. DOW CHEMICAL COMPANY, Petitioner, v. Douglas M. COSTLE, As Administrator, Environmental Protection Agency, Respondent, two cases. ELI LILLY AND COMPANY, Petitioner, v. Douglas M. COSTLE, As Administrator, Environmental Protection Agency, Respondent. National Agricultural Chemicals Association, Intervenor.

United States Court of Appeals, First Circuit.

January 31, 1980.

Attorney(s) appearing for the Case

James W. Moorman, Asst. Atty. Gen., Land and Natural Resources Division, Donald W. Stever, Jr., Chief, Pollution Control Section, Paul M. Kaplow, Atty., U. S. Dept. of Justice, and Colburn T. Cherney, Atty., Environmental Protection Agency, Washington, D. C., on motion to dismiss and memorandum in support thereof, for respondent.

Douglas E. Kliever, John S. Magney, Mary Wild Ennis, and Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., on memorandum in opposition to motion to dismiss, for petitioner, Diamond Shamrock Corp.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, MAZZONE, District Judge.

OPINION OF THE COURT

COFFIN, Chief Judge.

In our prior opinion BASF Wyandotte Corp. v. Costle, 598 F.2d 637 (1st Cir. 1979), we identified two minor problems that required a remand for consideration by EPA. That consideration has taken place, the agency has filed its response to remand, a record on remand has been compiled, and briefs submitted. The first issue, that concerning...

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