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ALL REGIONS CHEMICAL LABS, INC. v. U.S. E.P.A.

No. 90-1715.

932 F.2d 73 (1991)

ALL REGIONS CHEMICAL LABS, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided May 6, 1991.

Attorney(s) appearing for the Case

David J. Martel with whom Michael J. Rye and Doherty, Wallace, Pillsbury and Murphy, P.C., Springfield, Mass., were on brief for petitioner.

Karen L. Egbert, Environmental Defense Section, U.S. Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Environmental & Natural Resources Div., Charles Openchowski, Office of Gen. Counsel, E.P.A. and Amelia Welt Katzen, Office of Regional Counsel, E.P.A. were on brief for respondent.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Circuit Judge.

On Friday, June 17, 1988, two fires broke out in Springfield, Massachusetts, at a chemical plant where appellant All Regions Chemical Labs, Inc. ("All Regions") stored TCT, a chemical used to chlorinate swimming pools. The first fire began at 10:00 a.m.; the second, thirteen hours later, at 11:00 p.m. The fires released about 180,000 pounds of chlorine gas into the atmosphere, creating a chlorine cloud over the city and forcing the evacuation...

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