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LCLAA v. UNITED STATES ENVTL. PROTECTION AGENCY

Docket Nos. 19-1042(L); 19-1044; 19-2329 August Term, 2020.

12 F.4th 234 (2021)

LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT; Natural Resources Defense Council, Inc.; Vermont Public Interest Research Group; Safer Chemicals Healthy Families; Lauren Atkins; Wendy Hartley; and Halogenated Solvents Industry Alliance, Inc., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and Michael S. Regan, as Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2021.

Attorney(s) appearing for the Case

Jonathan Kalmuss-Katz ( Eve C. Gartner , on the brief), Earthjustice, New York, NY, for Petitioner Labor Council for Latin American Advancement.

Thomas Zimpleman , Natural Resources Defense Council, Washington, DC, for Petitioner Natural Resources Defense Council.

Robert M. Sussman , Sussman & Associates, Washington, DC, for Petitioners Vermont Public Interest Research Group, Safer Chemicals Healthy Families, Lauren Atkins, and Wendy Hartley.

W. Caffey Norman , Squire Patton Boggs (US) LLP, Washington, DC; Keith Bradley ( Alexander Arensberg , on the brief), Squire Patton Boggs (US) LLP, Denver, CO, for Petitioner Halogenated Solvents Industry Alliance, Inc.

Daniel Depasquale , Bethany Fisher , Office of the General Counsel, United States Environmental Protection Agency, Washington, DC; Jeffrey Bossert Clark , Assistant Attorney General; Jonathan Brightbill , Principal Deputy Assistant Attorney General; Sarah A. Buckley , Trial Attorney, United States Department of Justice, Washington, DC, for Respondents.

Before: LEVAL, CABRANES, and RAGGI, Circuit Judges.

This case involves two petitions for review of a Final Rule of the United States Environmental Protection Agency ("EPA"). The rule restricts consumer uses of methylene chloride, a chemical used in paint removal products, by prohibiting the distribution of products containing methylene chloride to and by retailers. Petitioner...

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