ETHYL CORP. v. BROWNER

No. 94-1516.

67 F.3d 941 (1995)

ETHYL CORPORATION, Petitioner, v. Carol M. BROWNER, Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency, Respondents, American Automobile Manufacturers Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1995.


Attorney(s) appearing for the Case

F. William Brownell, with whom Kevin L. Fast, Washington, DC, was on the brief, argued the cause for petitioner.

Timothy D. Backstrom, Attorney, Environmental Protection Agency, with whom Lois J. Schiffer, Assistant Attorney General, and Jon M. Lipshultz, Attorney, U.S. Department of Justice, Washington, DC, were on the brief, argued the cause for respondents.

Samuel I. Gutter, Washington, DC, with whom V. Mark Slywynsky, Detroit, MI, was on the brief, argued the cause for intervenor.

Before: WILLIAMS, SENTELLE and RANDOLPH, Circuit Judges.


STEPHEN F. WILLIAMS, Circuit Judge:

For the second time in less than a year we address the legality of decisions by the Environmental Protection Agency blocking Ethyl Corporation's distribution of a fuel additive, "MMT," also known as "HiTEC 3000." Because of a ban deriving from § 211(f)(1) of the Clean Air Act, 42 U.S.C. § 7545(f)(1), Ethyl has long been unable to sell MMT for use as a bulk additive in unleaded gasoline without a waiver from the Environmental...

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