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

No. 93-1178.

28 F.3d 1259 (1994)

CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, United States Environmental Protection Agency.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1994.

Attorney(s) appearing for the Case

David J. Hayes, Washington, DC, argued the cause, for petitioner. With him on the briefs were Ann Claassen and David F. Zoll, Washington, DC.

Scott A. Schachter, Atty. U.S. Dept. of Justice, Washington, DC, argued the cause, for respondents. With him on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., U.S. Dept. of Justice, and Robert J. Martineau, Jr., Atty., U.S. E.P.A., Washington, DC.

Before SILBERMAN, WILLIAMS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Methylene diphenyl diisocyanate (MDI) is a precursor of various polyurethane foams and resins used in the manufacture of upholstery, insulation, wood and automobile coatings, and other products. The Chemical Manufacturers Association petitions for review of an EPA rule designating MDI a "pollutant[] for which high risks of adverse public health effects may be associated with exposure...

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