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CHEMOURS COMPANY FC v. U.S. ENVTL. PROT. AGENCY

No. 22-2287.

109 F.4th 179 (2024)

The CHEMOURS COMPANY FC, LLC, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Administrator Environmental Protection Agency Lacey Brown; Cape Fear River Watch; Center for Environmental Health; Clean Cape Fear; Democracy Green; Kyle Horton; Natural Resources Defense Council; North Carolina Black Alliance; Harper Peterson; Debra Stewart; Toxic Free North Carolina; Michael Waters*, Intervenors (*Pursuant to the Court's Order dated 2/6/23).

United States Court of Appeals, Third Circuit.

Opinion filed: July 23, 2024.

Attorney(s) appearing for the Case

Allon Kedem, [ARGUED], Dana Or, Arnold & Porter Kaye Scholer, 601 Massachusetts Avenue NW, Suite 1121, Washington, DC 20001, Counsel for Petitioner.

Thomas A. Lorenzen, Crowell & Moring, 1001 Pennsylvania Avenue NW, Washington, DC 20004, Counsel for Amicus Chamber of Commerce of the United States of America.

Kimere J. Kimball, [ARGUED], Andrew D. Knudsen, [ARGUED], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, Counsel for Respondents.

Robert M. Sussman, I, Sussman & Associates, 3101 Garfield Street NW, Washington, DC 20008, Simi Bhat, Sarah C. Tallman, Natural Resources Defense Council, 111 Sutter Street, 21st Floor, San Francisco, CA 94104, Counsel for Intervenors.

Before: CHAGARES, Chief Judge, RESTREPO and FREEMAN, Circuit Judges.

OPINION OF THE COURT

In 2022, the Environmental Protection Agency (EPA) published a health advisory for HFPO-DA—a chemical found in drinking water. Contending that the advisory was unlawful, the Chemours Company petitioned for review of EPA's action. We will dismiss the petition for lack of subject matter...

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