NATURAL RESOURCES DEFENSE COUNCIL, INC. v. S. E. C.

No. 77-1761.

606 F.2d 1031 (1979)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al. v. SECURITIES AND EXCHANGE COMMISSION, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 1979.

Rehearing Denied July 20, 1979.


Attorney(s) appearing for the Case

Harvey L. Pitt, Gen. Counsel, Securities and Exchange Commission, Washington, D. C., with whom Jacob H. Stillman, Principal Asst. Gen. Counsel, Linda W. Jarett and Daniel L. Goelzer, Securities and Exchange Commission, Washington, D. C., were on the brief, for appellants.

Bruce J. Terris, Washington, D. C., with whom Lonnie C. Von Renner, Philip G. Sunderland, Roger S. Foster, and Lois J. Schiffer, Washington, D. C., were on the brief, for appellees.

Daniel R. Ferry and John E. Rogers, Washington, D. C., were on the brief, for amicus curiae, Southeastern Legal Foundation, urging reversal.

John K. Tabor, Washington, D. C., was on the brief, for amicus curiae, The Business Roundtable, urging reversal.

Ralph J. Temple and James vanR. Springer, Washington, D. C., were on the brief, for amicus curiae, The American Civil Liberties Union Fund of the National Capital Area, urging affirmance.

Lawrence B. Kraus, Gen. Counsel, Chamber of Commerce of the United States, and Stanley T. Kaleczyc, Jr., Director, National Chamber Litigation Center, Washington, D. C., Donald E. Egan, Francis X. Grossi, Jr., Chicago, Ill., were on the brief, for amicus curiae, Chamber of Commerce of the United States, urging reversal.

Before TUTTLE, United States Senior Circuit Judge for the United States Court of Appeals for the Fifth Circuit, and McGOWAN and ROBB, Circuit Judges.


Opinion for the court filed by McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

This appeal, from a District Court order directing the Securities and Exchange Commission (SEC or Commission) to conduct further proceedings incident to a petition for rulemaking, raises issues intersecting three important federal statutory schemes: the Securities Acts, the Administrative Procedure Act (APA), and the National Environmental Policy Act (NEPA). It involves in particular...

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