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FERTILIZER INSTITUTE v. U.S. DEPT. OF HEALTH AND HUMAN SERV.

No. 01-1999 (RJL).

355 F.Supp.2d 123 (2004)

The FERTILIZER INSTITUTE, Plaintiff, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, District of Columbia.

December 29, 2004.

Attorney(s) appearing for the Case

Peter L. Gray, McKenna Long & Aldridge, LLP, Washington, DC, for Plaintiff.

G. Michael Harvey, Office of the United States Attorney, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

LEON, District Judge.

The Fertilizer Institute ("TFI"), a nonprofit trade association that represents all phases of the fertilizer industry, brings this action challenging the decision of the National Toxicology Program ("NTP") to classify inorganic acid mists containing sulfuric acid ("sulfuric acid mist") as a known carcinogen in the 9th Report on Carcinogens ("9th RoC").1 Before the Court...

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