GULF SOUTH INSUL. v. U.S. CONSUMER PROD. SAFETY COM'N

Nos. 82-4218, 82-4136, 82-4311 and 82-4135.

701 F.2d 1137 (1983)

GULF SOUTH INSULATION, et al., Petitioners, v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION, Respondent. C.P. CHEMICAL COMPANY, INC., et al., Petitioners, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent. PUBLIC CITIZEN, Petitioner, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent. The FORMALDEHYDE INSTITUTE, INC., for and on behalf of its members, Virgil E. Stewart, Jr. and William E. Nash, Petitioner, v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

As Corrected on Denial of Rehearing June 23, 1983.


Attorney(s) appearing for the Case

Malcolm W. Monroe, New Orleans, La., Robert C. Barnard, Sara D. Schotland and Donald L. Morgan, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., for petitioners Formaldehyde Institute, Inc. in No. 82-4135.

Malcolm W. Monroe, New Orleans, La., Robert C. Barnard, Sara D. Schotland and Donald L. Morgan, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., for amicus curiae Formaldehyde Institute, Inc. in No. 82-4311.

Nicholas E. Calio, Washington, D.C., for amicus curiae Washington Legal Foundation.

Jeffrey O. Cerar and Karen G. Meister, Squire, Sanders & Dempsey, Washington, D.C., for American Council on Science and Health.

Hurley & Hoffmann, Anita M. Warner, Paul E. Hurley, New Orleans, La., Casey, Scott & Canfield, Edward F. Canfield, Washington, D.C., for petitioners in No. 82-4218.

Michael S. Marcus and Glenn M. Engelmann, Washington, D.C., William A. Porteous, III, New Orleans, La., for petitioners in No. 82-4136.

David C. Vladeck and Alan B. Morrison, Washington, D.C., for petitioners in No. 82-4311.

Barry Grossman and Andrea Limmer, Antitrust Div., Dept. of Justice, Washington, D.C., for respondent in all cases.

David A. Swankin, Washington, D.C., for amicus curiae Nat. Consumers League.

Before CLARK, Chief Judge, THORNBERRY and POLITZ, Circuit Judges.


CLARK, Chief Judge:

On April 2, 1982, the Consumer Product Safety Commission (Commission) concluded a six-year investigation and rulemaking with the issuance of a final rule banning urea-formaldehyde foam insulation (UFFI) in residences and schools. Ban of Urea-Formaldehyde Foam Insulation, 47 Fed. Reg. 14,366 (1982) (to be codified at 16 C.F.R. pt. 1306). The Commission found that UFFI presents an unreasonable risk of injury from irritation and cancer and that no...

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