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TRUMPETER SWAN SOC. v. E.P.A.

No. 13-5228.

774 F.3d 1037 (2014)

TRUMPETER SWAN SOCIETY, et al., Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

December 23, 2014.

Attorney(s) appearing for the Case

William J. Snape, III argued the cause for appellants. With him on the briefs was Adam F. Keats.

Jennifer S. Neumann , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Robert G. Dreher , Acting Assistant Attorney General, and J. David Gunter II and Justin D. Heminger , Attorneys.

Christopher L. Bell argued the cause for intervenor-appellees. With him on the brief were Christopher A. Conte , Robert N. Steinwurtzel , Michael Steven Snarr , Thomas Edward Hogan , and Anna M. Seidman.   Roger R. Martella Jr. entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

In this case, 101 environmental groups, invoking section 21 of the Toxic Substances Control Act (TSCA), which allows "any person" to petition the Environmental Protection Agency for a rulemaking proceeding to regulate "chemical substances" that "present an unreasonable risk of injury to health or the environment," filed a petition...

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