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AMERICAN CHEMISTRY COUNCIL v. DEPART. OF TRANSP.

Nos. 03-1456, 05-1191.

468 F.3d 810 (2006)

AMERICAN CHEMISTRY COUNCIL, et al., Petitioners v. DEPARTMENT OF TRANSPORTATION, Respondent Utility Solid Waste Activities Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 13, 2006.

Attorney(s) appearing for the Case

Paul M. Donovan argued the cause for petitioner. With him on the briefs was Nicholas J. DiMichael.

William R. Weissman and Paul D. Ackerman were on the brief for intervenors Utility Solid Waste Activities Group, et al. Douglas H. Green entered an appearance.

Jonathan H. Levy, Attorney, U.S. Department of Justice, argued the cause for respondent. On the brief were Peter D. Keisler, Assistant Attorney General, Douglas N. Letter and August E. Flentje, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, and Peter J. Plocki, Senior Trial Attorney.

Before SENTELLE, ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

Dissenting opinion filed by Circuit Judge ROGERS.

GRIFFITH, Circuit Judge.

Several associations of hazardous materials manufacturers, shippers, and transporters challenge a Department of Transportation ("Department") rule defining when hazardous materials are being "load[ed], unload[ed], or stor[ed] incidental to the[ir] movement," 49 U.S.C. § 5102(13), which largely controls whether such...

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