ETHYL CORP. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 73-2205, 73-2268 to 73-2270 and 74-1021.

541 F.2d 1 (1976)

ETHYL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. PPG INDUSTRIES, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. E. I. duPONT de NEMOURS & COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. NALCO CHEMICAL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. NATIONAL PETROLEUM REFINERS ASSOCIATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1976.

Certiorari Denied June 14, 1976.


Attorney(s) appearing for the Case

Joseph C. Carter, Jr., Richmond, Va., with whom John J. Adams, Washington, D. C., and David F. Peters, Washington, D. C., were on the brief, for petitioner in No. 73-2205. Arnold H. Quint, Washington, D. C., also entered an appearance for petitioner in No. 73-2205.

Daniel M. Gribbon, Washington, D. C., with whom Allan J. Topol and Charles Lister, Washington, D. C., were on the brief, for petitioners in Nos. 73-2268 and 73-2269.

Victor P. Kayser, Chicago, Ill., with whom John C. Berghoff, Jr. and Robert E. Nord, Chicago, Ill., and David Machanic and William H. Fitz, Washington, D. C., were on the brief, for petitioner in No. 73-2270.

H. Edward Dunkelberger, Jr., Washington, D. C., with whom Theodore L. Garrett, Washington, D. C., was on the brief, for petitioner in No. 74-1021.

Robert V. Zener, Gen. Counsel, Environmental Protection Agency, and Leslie A. Carothers, Atty., Environmental Protection Agency, Washington, D. C., with whom Wallace H. Johnson, Asst. Atty. Gen., and Edmund B. Clark, Martin Green, and Edward J. Shawaker, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent. Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent in No. 73-2268.

David Schoenbrod, New York City, filed a brief on behalf of Natural Resources Defense Council, Inc. et al. as amici curiae urging affirmance.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB, and WILKEY, Circuit Judges, sitting en banc.


Argued En Banc May 30, 1975.

Certiorari Denied June 14, 1976. See 96 S.Ct. 2662, 2663.

Opinion for the court, in which Chief Judge BAZELON and Circuit Judges McGOWAN, LEVENTHAL, and SPOTTSWOOD W. ROBINSON, III, concur, filed by Circuit Judge J. SKELLY WRIGHT.

Concurring opinion, in which Circuit Judge McGOWAN joins, filed by Chief Judge BAZELON.

Concurring statement filed by Circuit Judge LEVENTHAL.

Dissenting opinion filed by Circuit...

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