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CHEMICAL MFRS. ASS'N v. E.P.A.

No. 88-4710.

899 F.2d 344 (1990)

CHEMICAL MANUFACTURERS ASSOCIATION, Allied Signal Incorporated, Ashland Oil Company, Georgia Gulf Corporation, Shell Chemical Company, and Texaco Chemical Company, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

April 12, 1990.

Attorney(s) appearing for the Case

Julia A. Hatcher, Robert M. Sussman, Latham & Watkins, Washington, D.C., for petitioners.

Kaye A. Allison, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Mary Ellen Myers, Lee M. Thomas, Administrator, E.P.A., Washington, D.C., for respondent.

Before KING, GARWOOD, and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Pursuant to the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2629, respondent, the United States Environmental Protection Agency (EPA), promulgated a final rule, 53 Fed.Reg. 28,195 (1988), 40 C.F.R. § 799.1285, requiring manufacturers and processors of the chemical cumene (isopropyl benzene) to perform certain toxicological testing of it to determine its health and environmental effects. Petitioners, the Chemical Manufacturers...

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