FERTILIZER INSTITUTE v. BROWNER

No. 97-7494.

163 F.3d 774 (1998)

FERTILIZER INSTITUTE, a Delaware non-profit corporation, Appellant, v. Carol M. BROWNER, Administrator, United States Environmental Protection Agency; The United States Environmental Protection Agency.

United States Court of Appeals, Third Circuit.

Decided December 21, 1998.


Attorney(s) appearing for the Case

Peter L. Gray, McKenna & Cuneo, L.L.P., Washington, D.C., for Appellant.

Lois J. Schiffer, Assistant Attorney General, Steve C. Gold, John T. Stahr, Mary F. Edgar, Environment and Natural Resources Division, Department of Justice, Washington, D.C. Of Counsel: Laurel Celeste, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C., for Appellees.

Before: SLOVITER and COWEN, Circuit Judges and POLLAK, District Judge.


Submitted Pursuant to Third Circuit LAR 34.1(a) October 5, 1998.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The Fertilizer Institute ("TFI") appeals the decision of the district court upholding the Environmental Protection Agency's ("EPA") addition of nitrate compounds to the Toxic Release Inventory ("Inventory"). We will affirm for the reasons discussed herein.

I.

FACTS AND PROCEDURAL HISTORY

In January 1994...

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