AMERICAN PETROLEUM INSTITUTE v. COSTLE

Nos. 79-1104, 79-1201, 79-1222, 79-1290, 79-1335, 79-1359, 79-1362, 79-1356, 79-1365 and 79-1367.

665 F.2d 1176 (1981)

AMERICAN PETROLEUM INSTITUTE, Petitioner, v. Douglas M. COSTLE, Administrator, and Environmental Protection Agency, Respondent, American Petroleum Institute and 15 of its member companies, Chemical Manufacturers Association, The St. Louis Regional Commerce & Growth Association, Natural Resources Defense Council, et al., The State of Oklahoma, E.I. Du Pont De Nemours & Co., Intervenors. E.I. Du PONT De NEMOURS AND COMPANY, Petitioner, v. Douglas M. COSTLE, Administrator, and Environmental Protection Agency, Respondent. AMERICAN PETROLEUM INSTITUTE, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, and Douglas M. Costle, Administrator. CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner, v. Douglas M. COSTLE, Administrator, and Environmental Protection Agency, Respondent. The NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners, v. Douglas M. COSTLE, Administrator of the Environmental Protection Agency, Respondent. CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner, v. Douglas M. COSTLE, Administrator, and Environmental Protection Agency, Respondent. The CONNECTICUT LUNG ASSOCIATION, INC., Petitioner, v. Douglas M. COSTLE, Administrator of the U. S. Environmental Protection Agency, Respondent. SIERRA CLUB, Petitioner, v. Douglas M. COSTLE, Administrator of the Environmental Protection Agency, Respondent. COMMONWEALTH of VIRGINIA, ex rel. The STATE AIR POLLUTION CONTROL BOARD, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondent. CITY OF HOUSTON, Texas, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1981.

Certiorari Denied March 22, 1982.


Attorney(s) appearing for the Case

Edward W. Warren, Washington, D. C., with whom Robert F. Van Voorhees, John S. Hahn, Stark Ritchie and David T. Deal, Washington, D. C., were on the brief, for American Petroleum Institute petitioner in Nos. 79-1104 and 79-1222 and intervenor in Nos. 79-1335, 79-1356 and 79-1362.

Roger L. Chaffe, Asst. Atty. Gen., Richmond, Va., for Com. of Virginia, etc., petitioner in No. 79-1365. Frederick S. Fisher and James E. Ryan, Jr., Richmond, Va., also entered appearances for Com. of Virginia, etc., petitioner in No. 79-1365.

Courtenay Ellis, Washington, D. C., with whom David A. Donohoe, Washington, D. C., was on the brief, for City of Houston, Texas, petitioner in No. 79-1367. Daniel Joseph, Washington, D. C., also entered an appearance for City of Houston, Texas, petitioner in No. 79-1367.

Richard Ayres, Washington, D. C., with whom David D. Doniger, Washington, D. C., was on the brief, for Natural Resources Defense Council, Inc., et al., petitioner in Nos. 79-1335, and 79-1362 and intervenor in No. 79-1104.

John H. Pickering, Andrew T. A. MacDonald and Edmund B. Frost, Washington, D. C., were on the brief, for Chemical Manufacturers Association petitioner in Nos. 79-1290 and 79-1359 and intervenor in Nos. 79-1104, 79-1335, 79-1356 and 79-1362. David R. Johnson and John Stephen Lawrence, Jr., Washington, D. C., also entered appearances for Chemical Manufacturers Association, petitioner in Nos. 79-1290 and 79-1359 and intervenors in Nos. 79-1335, 79-1356 and 79-1362.

Joseph J. Brecher, Oakland, Cal., was on the brief, for Sierra Club, petitioner in No. 79-1356. Peter J. Herzberg, Washington, D. C., also entered an appearance for Sierra Club, petitioner in No. 79-1356.

Patrick K. O'Hare, Atty., Environmental Protection Agency and Patrick J. Cafferty, Jr., Atty. Dept. of Justice, Washington, D. C., with whom Angus Macbeth, Acting Asst. Atty. Gen., Donald W. Stever, Atty., Dept. of Justice and Gerald K. Gleason, Deputy Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., were on the brief, for respondents. Jeffrey O. Cerar, Atty., Environmental Protection Agency, Washington, D. C., also entered an appearance for respondent, Environmental Protection Agency.

Christopher S. Bond and Charles A. Blackman, Jefferson City, Mo., were on the brief, for the St. Louis Regional Commerce and Growth Ass'n, intervenor in Nos. 79-1104, 79-1335, 79-1356 and 79-1362.

Charles S. Rogers, Asst. Atty. Gen., State of Oklahoma, Oklahoma City, Okl., also entered an appearance for State of Oklahoma, etc., intervenor in No. 79-1104.

Robert R. Bonczek, Washington, D. C., Carl B. Everett, and Bernard J. Reilly, Wilmington, Del., also entered appearances for E.I. DuPont DeNemours and Company petitioner in No. 79-1201 and intervenor in Nos. 79-1104, 79-1335, 79-1356 and 79-1362.

Before ROBB, WALD and MIKVA, Circuit Judges.


Certiorari Denied March 22, 1982. See 102 S.Ct. 1737.

Opinion for the Court filed by Circuit Judge ROBB.

Opinion dissenting in part filed by Circuit Judge WALD.

ROBB, Circuit Judge:

The petitions for review consolidated in this case challenge the primary and secondary national ambient air quality standards1 for ozone promulgated by the Environmental Protection Agency (EPA) under the Clean Air Act, as amended. 42...

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