STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondents,
State of Missouri, Environmental Improvement Division of the New Mexico Health and Environment Department, Department of Pollution Control and Ecology of the State of Arkansas, Department of Environmental Quality Engineering of the Commonwealth of Massachusetts, District of Columbia, State of Maine, W. Edward Wood, Director of Department of Environmental Management of the State of Rhode Island and Providence Plantations, Peter A. A. Berle, Commissioner of Environmental Conservation of the State of New York, State of Connecticut Department of Environmental Protection, The Agency of Environmental Conservation of the State of Vermont, State of Georgia, Department of Natural Resources, Division of Environmental Protection, City of New York, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 14, 1980.
Decided June 30, 1980.
Attorney(s) appearing for the Case
Richard M. Hluchan, Deputy Atty. Gen., State of New Jersey, Trenton, N. J., for petitioner.
Ronald C. Hausmann, Atty., Dept. of Justice, Washington, D. C., with whom, James W. Moorman, Asst. Atty. Gen., Angus Mac-Beth, Deputy Asst. Atty. Gen., Donald Stever, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondent.
David L. Williams, Asst. Atty. Gen., State of Arkansas, Little Rock, Ark., was on brief, for intervenor, Department of Pollution Control and Ecology, State of Arkansas.
Dan Summers, Asst. Atty. Gen., State of Missouri, Jefferson City, Mo., was on brief, for intervenor, State of Missouri.
Arthur K. Bolton, Atty. Gen., and Sarah Evans Lockwood, Staff Asst. Atty. Gen., State of Georgia, Atlanta, Ga., were on brief, for intervenor, State of Georgia, Department of Natural Resources, Division of Environmental Protection.
Francis X. Bellotti, Atty. Gen., and Francis S. Wright, Asst. Atty. Gen., State of Massachusetts, Boston, Mass., were on brief, for intervenor, The Department of Environmental Quality Engineering of the Commonwealth of Massachusetts.
James A. Sevinsky, Albany, N. Y., was on brief, for intervenor, Peter A. A. Berle, Commissioner of Environmental Conservation of the State of New York.
Richard F. Webb, Asst. Atty. Gen., State of Connecticut, Hartford, Conn., was on brief, for intervenor, State of Connecticut Department of Environmental Protection.
Gregory W. Sample, Asst. Atty. Gen., State of Maine, Augusta, Me., was on brief, for intervenor, State of Maine. Donald G. Alexander, Augusta, Me., also entered an appearance for intervenor, State of Maine.
R. Daniel Prentiss, Providence, R. I., was on brief, for intervenor, State of Rhode Island Department of Environmental Management.
Benson D. Scotch, Asst. Atty. Gen., State of Vermont, Montpelier, Vt., was on brief, for intervenor, Agency of Environmental Conservation of the State of Vermont.
James G. Greilsheimer, First Asst. Corp. Counsel, City of New York, New York City, was on brief, for intervenor, City of New York.
Judith W. Rogers, Corp. Counsel, John C. Salyer and Richard G. Wise, Asst. Corp. Counsel, Washington, D. C., entered appearances for intervenor, District of Columbia.
Leonard J. Theberge, Washington, D. C., entered an appearance, for intervenor, Mid Atlantic Legal Foundation.
Before McGOWAN and WILKEY, Circuit Judges, and DAVIES, United States District Judge for the District of North Dakota.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge McGOWAN.
McGOWAN, Circuit Judge:
We review here a rule promulgated by the Administrator of the Environmental Protection Agency under section 7407(d) of the Clean Air Act. Because the Administrator felt that a tight statutory schedule gave him "good cause" to do so, he promulgated that rule without the prior notice and without the prior solicitation of public comments which...
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