LEAD INDUSTRIES ASS'N, INC. v. ENVIRONMENTAL PROTECTION AGENCY

Nos. 78-2201, 78-2220.

647 F.2d 1130 (1980)

LEAD INDUSTRIES ASSOCIATION, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Bunker Hill Company, Intervenor. ST. JOE MINERALS CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Bunker Hill Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1980.

Certiorari Denied December 8, 1980.


Attorney(s) appearing for the Case

Edwin H. Seeger, Washington, D. C., with whom Gary M. Welsh and Richard T. Witt, Washington, D. C., were on the brief, for petitioner in No. 78-2201 and for intervenor in both cases.

Robert A. Emmett, Washington, D. C., with whom John McN. Cramer, Washington, D. C., was on the brief, for petitioner in No. 78-2220.

James N. Cahan, Atty., Environmental Protection Agency, and Michael P. Carlton, Atty., Dept. of Justice, Washington, D. C., with whom Sanford Sagalkin, Acting Asst. Atty. Gen., Angus MacBeth, Atty., Dept. of Justice, Joan Z. Bernstein, Gen. Counsel, Environmental Protection Agency, and Gerald K. Gleason, Deputy Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., were on the brief, for respondent. James W. Moorman, Atty., Dept. of Justice, and Jeffrey O. Cerar, Atty., Environmental Protection Agency, Washington, D. C., also entered appearances for respondent.

David Schoenbrod, Washington, D. C., for amici curiae Natural Resources Defense Council, Inc. et al. urging affirmance in both cases.

Kathleen W. Mikkelson, Deputy Atty. Gen., State of California, San Francisco, Cal., was on the brief for amicus curiae Air Resources Board, State of California, urging affirmance in both cases.

Before WRIGHT, Chief Judge, and ROBINSON and MacKINNON, Circuit Judges.


Certiorari Denied December 8, 1980. See 101 S.Ct. 621.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

This is the third occasion on which this court has been asked to review Environmental Protection Agency (EPA or Agency) regulations promulgated under authority of the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (Supp. I 1977) (the Act), and specifically designed to deal with the health...

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