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ENVIRONMENTAL DEFENSE FUND v. E.P.A.

No. 17-1201.

922 F.3d 446 (2019)

ENVIRONMENTAL DEFENSE FUND, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, United States Environmental Protection Agency, Respondents American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 2019.

Attorney(s) appearing for the Case

Robert P. Stockman argued the cause and filed the briefs for petitioner.

Phillip R. Dupré , Attorney, United States Department of Justice, argued the cause for respondents. With him on the brief was Jeffrey H. Wood , then-Acting Assistant Attorney General.

Donald P. Gallo , James W. Conrad, Jr. , Richard S. Moskowitz , Washington, DC, Peter D. Keisler , Samuel B. Boxerman , Timothy K. Webster , C. Frederick Beckner, III , Washington, DC, Judah Prero , Samina M. Bharmal , David B. Weinberg , Martha E. Marrapese , Roger H. Miksad , Washington, DC, Linda E. Kelly , Steven P. Lehotsky , Washington, DC, and Michael B. Schon were on the brief for intervenors in support of respondent United States Environmental Protection Agency. Michael D. Boucher and Warren U. Lehrenbaum entered appearances.

Before: Garland, Chief Judge, Millett, Circuit Judge, and Edwards, Senior Circuit Judge.

The Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., requires the Environmental Protection Agency to publish an inventory of chemicals manufactured or processed in the United States. 15 U.S.C. § 2607(b)(1). The 2016 Amendments to the Act directed the EPA to issue a rule establishing a process for updating...

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