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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 83 Civ. 8844 (KTD).

595 F.Supp. 1255 (1984)

NATURAL RESOURCES DEFENSE COUNCIL, INC., and Industrial Union Department, American Federation of Labor-Council of Industrial Organizations, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, William D. Ruckelshaus, as Administrator, U.S. Environmental Protection Agency, and John A. Moore, as Assistant Administrator for Pesticides and Toxic Substances, U.S. Environmental Protection Agency, Defendants. The Chemical Manufacturers Association, Intervenor-Defendant, and The American Petroleum Institute, Intervenor-Defendant.

United States District Court, S.D. New York.

As Amended September 26, 1984.

Attorney(s) appearing for the Case

Natural Resources Defense Council, Inc., New York City, for plaintiffs; Eric A. Goldstein, Jacqueline M. Warren, James Thornton, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., for defendants, New York City, R. Nicholas Gimbel, Asst. U.S. Atty., New York City, of counsel; Andrew G. Gordon, U.S. Environmental Protection Agency, and Michael W. Steinberg, Environmental Defense Section — Land and Natural Resources Division, U.S. Dept. of Justice, Washington, D.C., for defendants.

Richards O'Neil & Allegaert, New York City, Covington & Burling, and Chemical Manufacturers Association, Washington, D.C., for Chemical Manufacturers Association; Robert M. Sussman, John Seymour, New York City, and David F. Zoll, Sanford E. Gaines, Washington, D.C., of counsel.

Shereff, Friedman, Hoffman & Goodman, New York City, Akin, Gump, Strauss, Hauer & Feld, American Petroleum Institute, Washington, D.C., for American Petroleum Institute; Jerome Marshak, New York City, and Daniel Joseph, Ronald M. Johnson, and Stark Ritchie, General Counsel, Martha A. Beauchamp, John C. Chambers, Washington, D.C., of counsel.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

Defendants, the United States Environmental Protection Agency and certain Agency officials (collectively "EPA") move to dismiss or in the alternative for summary judgment dismissing plaintiffs' complaint in this action. Plaintiffs Natural Resources Defense Council, Inc. and the Industrial Union Department of the American Federation of Labor-Council of Industrial Organizations (collectively "NRDC") cross...

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