TOZZI v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

No. 00-5364.

271 F.3d 301 (2001)

Jim J. TOZZI in his personal capacity, and as President of Multinational Business Services, Inc., et al., Appellants, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 2001.


Attorney(s) appearing for the Case

Charles J. Fromm argued the cause and filed the briefs for appellants.

Terry F. Quill was on the brief for amici curiae Public Health Scientists in support of appellants.

Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: TATEL, Circuit Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Senior Circuit Judge SILBERMAN.

TATEL, Circuit Judge:

Acting pursuant to a provision of the Public Health Service Act that requires the Secretary of Health and Human Services to publish a list of substances "known" or "reasonably anticipated to be" human carcinogens, the Secretary upgraded the chemical dioxin from the "reasonably anticipated" to the "known" category. A...

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