Natural Resources Defense Council, Inc. et al v. United States Consumer Product Safety Commission

Filing 16

DECLARATION of Mitchell S. Bernard in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Colangelo, Aaron)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ____________________________________ NATURAL RESOURCES DEFENSE ) COUNCIL, INC., and PUBLIC CITIZEN, ) INC., ) ) Plaintiffs, ) v. ) ) U.S. CONSUMER PRODUCT ) SAFETY COMMISSION, ) ) Defendant. ) ____________________________________)

08 Civ. 10507 (PGG)

DECLARATION OF MITCHELL S. BERNARD IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT I, Mitchell S. Bernard, declare as follows: 1. I am an attorney in the office of plaintiff Natural Resources Defense Council, and

am counsel to plaintiffs in the above-captioned case. I make this declaration based on my own knowledge. 2. Attached as Exhibit A is a true and correct copy of Letter from Georgia C. Ravitz

& Scott A. Cohn, Arent Fox LLP, to Nancy Nord & Cheryl A. Falvey, Consumer Product Safety Commission (Nov. 13, 2008). 3. Attached as Exhibit B is a true and correct copy of Letter from Cheryl A. Falvey,

General Counsel, Consumer Product Safety Commission, to Georgia C. Ravitz & Scott A. Cohn, Arent Fox LLP (Nov. 17, 2008). 4. Attached as Exhibit C is a true and correct copy of Phthalate Provision Not To Be

Applied Retroactively, THE MONITOR, Nov. 18, 2008, http://ws.strlab.com/news/alert/?op=n&n= 0000000042.

5.

Attached as Exhibit D is a true and correct copy of Consumer Product Safety

Commission, Consumer Product Safety Improvement Act Section 108: Products Containing Certain Phthalates, http://www.cpsc.gov/ABOUT/Cpsia/faq/108faq.html (last visited Dec. 10, 2008). 6. Attached as Exhibit E is a true and correct copy of Letter from Senator Barbara

Boxer to Cheryl A. Falvey, General Counsel, Consumer Product Safety Commission (Nov. 21, 2008). 7. Attached as Exhibit F is a true and correct copy of Letter from Senator Dianne

Feinstein, Representative Henry Waxman, & Representative Janice D. Schakowsky, to Nancy Nord & Thomas Hill, Consumer Product Safety Commission (Nov. 24, 2008). 8. Attached as Exhibit G is a true and correct copy of Letter from Richard

Blumenthal, Connecticut Attorney General, to Nancy A. Nord, Acting Chair, Consumer Product Safety Commission (Nov. 28, 2008). 9. Attached as Exhibit H is a true and correct copy of Letter from Aaron Colangelo,

Natural Resources Defense Council, to Nancy Nord & Thomas Hill Moore, Consumer Product Safety Commission (Dec. 2, 2008). 10. Attached as Exhibit I is a true and correct copy of Letter from Todd Stevenson,

Secretary, Consumer Product Safety Commission, to Aaron Colangelo, Natural Resources Defense Council (Dec. 8, 2008). 11. Attached as Exhibit J is a true and correct copy of Memorandum from Cheryl A.

Falvey, General Counsel, Consumer Product Safety Commission, to Nancy A. Nord, Acting Chairman, Consumer Product Safety Commission (Sept. 12, 2008).

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