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CREOSOTE COUNCIL v. JOHNSON

Civil Action No. 08-0512(JR).

555 F.Supp.2d 36 (2008)

CREOSOTE COUNCIL, et al., Plaintiffs, v. Stephen L. JOHNSON, Administrator, U.S. Environmental Protection Agency, et al., Defendants.

United States District Court, District of Columbia.

May 15, 2008.

Attorney(s) appearing for the Case

Douglas James Behr, Jean-Cyril Walker, Keller & Heckman, LLP, Washington, DC, for Plaintiffs.

Angeline Purdy, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM

JAMES ROBERTSON, District Judge.

Plaintiffs complain that the EPA unlawfully changed its interpretation of regulations governing the Toxic Release Inventory reporting program under the Emergency Planning and Community Right to Know Act ("EPCRA"), 42 U.S.C. § 11001 et seq., in violation the notice and comment, requirements of the Administrative Procedure Act, 5 U.S.C. § 553(c), and seek a preliminary injunction relieving...

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