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AMERICAN CHEMISTRY COUNCIL v. JOHNSON

No. 04-5189.

406 F.3d 738 (2005)

AMERICAN CHEMISTRY COUNCIL, Appellant v. Steven L. JOHNSON, Acting Administrator, and United States Environmental Protection Agency, Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2005.

Attorney(s) appearing for the Case

William K. Rawson argued the cause for appellant. With him on the brief was Claudia M. O'Brien.

John E. Arbab, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ellen J. Durkee and Eileen T. McDonough, Attorneys, and Laurel M. Celeste, Counsel, U.S. Environmental Protection Agency.

Before: EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

Section 313 of the Emergency Planning and Community Right-To-Know Act ("EPCRA" or the "Act"), 42 U.S.C. § 11023, 100 Stat. 1613, 1741 (Oct. 17, 1986), is captioned "Toxic chemical release forms." The Act calls for the creation of a Toxic Release Inventory List ("TRI"). EPA acknowledged in the district court that "Congress intended that the TRI would contain only toxic chemicals." EPA Memorandum in Support of Cross-Motion...

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