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CHICAGO ASS'N OF COMMERCE AND IND. v. U.S. E.P.A.

Nos. 87-3057, 87-3074.

873 F.2d 1025 (1989)

CHICAGO ASSOCIATION OF COMMERCE AND INDUSTRY, et al., Petitioners and Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and Lee Thomas, Administrator of the United States Environmental Protection Agency, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1989.

Attorney(s) appearing for the Case

James T. Harrington, Ross & Hardies, Chicago, Ill., for petitioners and plaintiffs-appellants.

Michael A. McCord, Environmental Defense Sec., Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before CUMMINGS, WOOD, Jr., and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

In this case we confront the consequences of an egregious failure on the part of the United States Environmental Protection Agency (the "EPA" or the "Agency") to perform what the Agency itself admits to be its nondiscretionary duty. However, because this is not a suit to compel the EPA to perform that duty, we affirm the district court's dismissal and deny the Chicago Association of Commerce and Industry's ("CACI's") petition for review.

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