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AMERICAN PAPER INSTITUTE, INC. v. U.S.E.P.A.

No. 89-1751.

882 F.2d 287 (1989)

AMERICAN PAPER INSTITUTE, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1989.

Attorney(s) appearing for the Case

Russell S. Frye, Chris Montgomery, Chadbourne & Parke, Washington, D.C., for American Paper Institute, Inc., Petitioner.

William K. Reilly, E.P.A., Washington, D.C., Richard J. Carlson, E.P.A. Office of the Regional Counsel, Chicago, Ill., Thomas H. Pacheco, David M. Thompson, Dept. of Justice, Land & Natural Resources, Washington, D.C., for E.P.A., respondent.

Before WOOD, Jr., FLAUM, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Dioxin, the short name for a group of chlorinated dibenzodioxins and dibenzofurans, may be toxic even when present in amounts too small to detect. Complicating matters, scientists cannot predict which industrial processes will have dioxin among the byproducts. Factories in full compliance with environmental rules suddenly may be revealed to be discharging dioxin. Paper and pulp production using a process that bleaches the wood with chlorine...

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