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NATIONAL ELEC. MFRS. ASS'N v. SORRELL

Docket No. 99-9450.

272 F.3d 104 (2001)

NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION, Plaintiff-Appellee, v. William H. SORRELL, Attorney General of the State of Vermont, John Kassel, Vermont Agency of Natural Resources, Defendants-Appellants, Conservation Law Foundation, Inc., Vermont Public Interest Research Group, Vermont Natural Resources Council, Inc., National Wildlife Federation, Lake Champlain Committee, New Hampshire, State of, New Hampshire Department of Environmental Services, Mercury Policy Project, Movants.

United States Court of Appeals, Second Circuit.

Decided November 6, 2001.

Attorney(s) appearing for the Case

Ronald A. Shems, Assistant Attorney General, (William H. Sorrell, Attorney General, Rebecca Ellis, Dianne H. Sanford, Assistant Attorneys General, on the brief), Montpelier, VT, for defendants-appellants.

Steven J. Rosenbaum, Covington & Burling (Anthony J. Vlatas, on the brief), Washington, DC, and Geoffrey W. Crawford, O'Neill, Crawford & Green, Burlington, VT, for plaintiff-appellee.

Bernard D. Lambek, Paterson & Walke, Montpelier, VT, for movants.

Maureen F. Leary, Assistant Attorney General of the State of New York (Eliot Spitzer, Attorney General, Preeta D. Bansal, Solicitor General, Daniel Smirlock, Deputy Solicitor General, Christopher Amato, Maureen F. Leary, Assistant Attorneys General, on the brief), Albany, NY, for amici curiae States of New York, Alaska, California, Connecticut, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, and Oklahoma.

Before WALKER, Chief Judge, POOLER and SOTOMAYOR, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge:

Defendants-appellants William H. Sorrell, Attorney General of the State of Vermont, and John Kassel, Secretary of the Vermont Agency of Natural Resources ("Vermont defendants"), appeal from a preliminary injunction imposed by the United States District Court for the District of Vermont (J. Garvan Murtha, Chief District Judge) barring enforcement of a Vermont labeling statute as it applies to manufacturers of mercury-containing...

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