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CITIZENS FOR A BETTER ENVIRONMENT v. THOMAS

No. 85 C 8000.

704 F.Supp. 149 (1989)

CITIZENS FOR A BETTER ENVIRONMENT, United Neighborhood Organization of Southeast Chicago and Mary Ellen Montes, Plaintiffs, v. Lee M. THOMAS, Administrator of the Environmental Protection Agency, Defendant, and Acme Steel Company and LTV Steel Company, Inc., Intervenors.

United States District Court, N.D. Illinois, E.D.

January 10, 1989.

Attorney(s) appearing for the Case

Steven A. Salzman, Schmidt & Salzman, Ltd., Chicago, Ill., for plaintiffs.

James T. Harrington, Ross & Hardies, Chicago, Ill., for Acme Steel Co. and LTV Steel Co.

Linda A. Wawzenski, Andrew Gordon, U.S. E.P.A., Jean A. Kingrey, Sp. Litigation Counsel, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

LEINENWEBER, District Judge.

Section 21 of the Toxic Substances Control Act ("TSCA" or the "Act"), 15 U.S.C. § 2620, permits citizens to petition the Administrator of the Environmental Protection Agency ("EPA") to initiate rulemaking under various provisions of TSCA. If the EPA denies a citizen petition or fails to act on it within ninety days the citizen may present his petition to an United States District Court for

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