Chemical Manufacturers Association v. Environmental Protection Agency Carol M. Browner, Administrator, United States Environmental Protection Agency

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Methylene diphenyl diisocyanate (MDI) is a precursor of various polyurethane foams and resins used in the manufacture of upholstery, insulation, wood and automobile coatings, and other products. The Chemical Manufacturers Association petitions for review of an EPA rule designating MDI a “pollutant! ] for which high risks of adverse public health effects may be associated with exposure to small quantities.” The high risk designation limits the extent to which a manufacturer or user of MDI may participate in the Early…