SHELL CHEMICAL CO. v. E.P.A.

Nos. 86-4161, 87-4451.

826 F.2d 295 (1987)

SHELL CHEMICAL CO., etc., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

August 19, 1987.


Attorney(s) appearing for the Case

Baker & Botts, Larry B. Feldcamp, Houston, Tex., Covington & Burling, Robert M. Sussman, Sandra P. Montrose, Washington, D.C., David D. Sigman, Exxon Chemical Americas, Kathleen Gillmore, Chemical & Environmental Legal Dept., Shell Oil Co., Houston, Tex., for petitioners.

Mark N. Duvall, New Fairfield, Conn., for Union Carbide Corp.

Lee M. Thomas, E.P.A., Andrew G. Gordon, Beth S. Ginsberg, Attys., U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C. for respondent.

Jacqueline M. Warren, Nat. Resources Defense Council, David A. Hansell, New York City, Robert M. Sussman, Sandra P. Montrose, David F. Zoll, Chemical Mfg., Assoc., Washington, D.C., David D. Sigman, Exxon Chemical Am., Kathleen C. Gillmore, Shell Oil Co., Houston, Tex., Mark N. Duvall, Union Carbide Corp., Danbury, Conn., for intervenor — Nat. Resources Defense Council.

Martha A. Beauchamp, Washington, D.C., for intervenor, American Petroleum Institute.

Before RUBIN, GARZA and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The petitioners in this case seek review of a final rule promulgated by the Environmental Protection Agency ("EPA"). Because potentially important information bearing on the factual basis for the rule has come to light after the rule's promulgation, because in this close case that information may be determinative, and because the parties themselves seem to acknowledge the potential importance of this information, we remand this case...

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