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TEXAS ASSOCIATION OF MANUFACTURERS v. U.S. CPSC

No. 17-60836.

989 F.3d 368 (2021)

TEXAS ASSOCIATION OF MANUFACTURERS; Texas Chemical Council; Texas Association of Business; National Association Of Manufacturers; American Chemistry Council, Petitioners v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Filed March 1, 2021.

Attorney(s) appearing for the Case

Aaron Michael Streett , Travis Lenti Gray, Esq. , Baker Botts , Jonathan Mark Little, L.L.P., Houston, TX, for Pertitioner.

Scott R. McIntosh , Alexander K. Haas , U.S. Department of Justice Civil Division, Appellate Section, Washington, DC, for Respondent.

Jared Knicley , Aaron Strider Colangelo , Natural Resources Defense Council, Washington, DC, Allison M. Zieve , Public Citizen Litigation Group, Washington, DC, for Intervenors.

Moneen Susan Nasmith , Earthjustice, New York, NY, for Amicus Curiae.

Before OWEN, Chief Judge, and SOUTHWICK and HIGGINSON, Circuit Judges.

Pursuant to the Consumer Product Safety Improvement Act (CPSIA), the Consumer Product Safety Commission was tasked with studying the effects of phthalates in children's toys and child care articles. The Commission issued a final rule prohibiting the manufacture and sale of any children's toy or child care article...

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