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HÜLS AMERICA INC. v. BROWNER

No. 95-5282.

83 F.3d 445 (1996)

HÜLS AMERICA INC., Appellant, v. Carol M. BROWNER, Administrator, and the Environmental Protection Agency, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1996.

Rehearing Denied July 8, 1996.

Attorney(s) appearing for the Case

William K. Rawson, Washington, DC, argued the cause and filed the briefs for appellant.

Ellen J. Durkee, Attorney, United States Department of Justice, argued the cause for appellees, with whom Lois J. Schiffer, Assistant Attorney General, Mary F. Edgar and Albert M. Ferlo, Jr., Washington, DC and Alan H. Carpien, Counsel, Environmental Protection Agency, were on the brief.

Before: WALD, GINSBURG and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Hüls America Inc. ("Hüls") appeals the district court's grant of summary judgment to the Environmental Protection Agency ("EPA") in Hüls' suit challenging the EPA's refusal to remove isophorone diisocryanate ("IPDI") from the list of extremely hazardous substances ("EHS list") promulgated pursuant to section 302 of the Emergency Planning and Community Right to Know Act ...

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