United States DC Circuit

Upgrading a chemical from a "reasonably anticipated" carcinogen to a "known" carcinogen based on mechanistic rather than epidemiological evidence is not arbitrary and capricious under 5 USC 706(2)(A).

Appellate Information

• Decided 11/23/2001
• Published 11/26/2001

Judges

• Before:  TATEL, Circuit Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles J. Fromm argued the cause and filed the briefs for appellants., Terry F. Quill was on the brief for amici curiae Public Health Scientists in support of appellants.


• For Appellees:
  
• Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.