At issue in this case is the listing in the RoC of the chemical compound dioxin tetrachlorodibenzo-p-dioxin ("dioxin" or "TCDD") as a "known human carcinogen." The RoC is a cancer health hazard identification document that is required by statute, 42 U.S.C. 241(b)(4), to be published every two years. Prior to publication, the RoC undergoes extensive scientific review and public input. The Ninth RoC, which is at issue here, contains 218 entries, fourteen of which are proposed new listings, and seven of which involve substances which are being proposed for upgrade to the category, "known to be human carcinogens." Two substances are proposed for removal from the RoC. Dioxin continues to be proposed for listing as a "known human carcinogen" in the Ninth RoC.

At the last status conference on November 10, 1999, the Secretary believed that the RoC would likely be published sometime between November 1999 and January, 2000. At that hearing the Court set a briefing schedule for cross motions for summary judgment. Final reply briefs by both parties were due on January 31, 2000, and the Court set a hearing on the dispositive motions for February 25, 2000. At that November 10, 1999 hearing, undersigned counsel represented to the Court that, if the RoC became ready for publication prior to the February 25, 2000 hearing, undersigned counsel would notify the Court at least 10 days prior to the issuance of the RoC.