CHEVRON U. S. A., INC. v. UNITED STATES, ETC.

Nos. 80-3081, 80-3892.

658 F.2d 271 (1981)

CHEVRON U. S. A., INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ("EPA"), an Agency of the United States, and Anne M. Gorsuch, in her capacity as Administrator of the EPA, Respondents.

United States Court of Appeals, Fifth Circuit. Unit A

September 14, 1981.


Attorney(s) appearing for the Case

Michael H. Salinsky, San Francisco, Cal., Joseph E. LeBlanc, Jr., New Orleans, La., for petitioner.

Jeffrey C. Smith, Atty., E.P.A., Elizabeth Stein, Pollution Control Section, Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for respondents.

Before REAVLEY, RANDALL and SAM D. JOHNSON, Circuit Judges.


SAM D. JOHNSON, Circuit Judge:

The issue presented in these consolidated cases is whether, in determining under section 169A of the Clean Air Act, 42 U.S.C. § 7491, that the Breton Wilderness Area (Breton) in Louisiana exceeded 5,000 acres in size on August 7, 1977, the Administrator of the Environmental Protection Agency (the Administrator) acted in an arbitrary or capricious manner. Finding that the Administrator's determination was neither arbitrary nor capricious...

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