Shell Chemical Co., Etc. v. Environmental Protection Agency

E. GRADY JOLLY, Circuit Judge:

The petitioners in this case seek review of a final rule promulgated by the Environmental Protection Agency (“EPA”). Because potentially important information bearing on the factual basis for the rule has come to light after the rule’s promulgation, because in this close case that information may be determinative, and because the parties themselves seem to acknowledge the potential importance of this information, we remand this case to the EPA to reconsider its rule in the light of this new information.

I

The petitioners, Shell Chemical Co., Exxon Chemical…