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SIERRA CLUB v. U.S. E.P.A.

No. 96-70223.

118 F.3d 1324 (1997)

SIERRA CLUB, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Environmental Technology Council; S.D. Myers, Inc.; and Chemical Waste Management, Inc., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Howard I. Fox, Sierra Club Legal Defense Fund, Washington, DC and Susan G. Jordan, Sierra Club Legal Defense Fund, San Francisco, CA, for petitioner.

Sylvia Quast, United States Department of Justice, Washington, DC, for respondent.

John F. Cermack, Jr., Rodi, Pollock, Pettker, Galbraith & Cahill, Los Angeles, CA, for intervenors.

Before: HUG, Chief Judge, and REAVLEY and LEAVY, Circuit Judges.

HUG, Chief Judge.

This case involves the authority of the Environmental Protection Agency ("EPA") to promulgate a final rule which allows for the importation of polychlorinated biphenyls (PCBs) into the United States for purposes of disposal. The principal issue in this case is whether EPA's rule allowing importation of PCBs for disposal violates the statutory prohibitions concerning PCBs contained in section 6(e)(3)(A)(i) of the Toxic Substances Control Act (TSCA...

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