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A.L. LABORATORIES, INC. v. E.P.A.

No. 87-1334.

826 F.2d 1123 (1987)

A.L. LABORATORIES, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

August 25, 1987.

Attorney(s) appearing for the Case

John A. Amodeo, U.S. Dept. of Justice, and Francis S. Blake, General Counsel, E.P.A., Washington, D.C., were on respondent's motion to dismiss for lack of jurisdiction.

James H. Wallace, Jr., James M. Johnstone and Richard L. McConnell, Washington, D.C., were on petitioner's memorandum in opposition.

Before WALD, Chief Judge, ROBINSON and D.H. GINSBURG, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

Petitioner A.L. Laboratories, Inc. ("A.L. Labs") requests this court to stay the effectiveness of the listing by respondent Environmental Protection Agency ("EPA") of bacitracin as an "extremely hazardous substance" under the Emergency Planning and Community Right-to-Know Act (the "Emergency Act"), 42 U.S.C.A. § 11002(a)(2) (West Supp.1987). EPA argues that this court lacks jurisdiction to review the agency's action. We...

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