NATURAL RESOURCES DEFENSE COUNCIL, INC. v. GORSUCH

No. 81-2208.

685 F.2d 718 (1982)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Citizens for a Better Environment, Inc., Northwestern Ohio Lung Association, Inc., Petitioners, v. Anne M. GORSUCH, Administrator, U. S. Environmental Protection Agency, American Petroleum Institute, et al., American Iron and Steel Institute, Rubber Manufacturers Association, Inc., General Motors Corporation, Alabama Power Company, et al., Chemical Manufacturers Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1982.


Attorney(s) appearing for the Case

David D. Doniger, Washington, D. C., for petitioners.

Jose R. Allen, Atty., Dept. of Justice, Boston, Mass., of the bar of the Supreme Court of Mass., pro hac vice by special leave of Court for respondent. David E. Menotti, Associate Gen. Counsel, Lydia N. Wegman, Asst. Gen. Counsel, Eric Smith, Atty., EPA, Donald Stever and Nancy Bryson, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondent.

Patricia A. Barald, Washington, D. C., with whom Theodore L. Garrett, Washington, D. C., for Chemical Mfrs. Ass'n, Charles F. Lettow, Janet L. Weller and Michael A. Wiegard, Washington, D. C., for Rubber Mfrs. Ass'n, Michael J. Halloran, San Francisco, Cal., for Chevron, U.S.A., Inc., Louis E. Tosi and William L. Patberg, Toledo, Ohio, for General Motors Corp., Robert A. Emmett and William B. Peterson, Washington, D. C., for American Iron and Steel Institute, et al., Henry V. Nickel, Washington, D. C., for Alabama Power, et al., and Stark Ritchie and David T. Deal, Washington, D. C., for American Petroleum Institute were on the joint brief for the intervenors. Edmond B. Frost, Washington, D. C., also entered an appearance for intervenor Chemical Mfrs. Ass'n. Peter S. Everett, Washington, D. C., also entered an appearance for intervenors, Alabama Power Co., et al. Julius J. Hollis, Detroit, Mich., also entered an appearance for intervenor General Motors Corp. Walter R. Allan, San Francisco, Cal., also entered an appearance for intervenor American Petroleum Institute, et al.

Before MIKVA and GINSBURG, Circuit Judges, and WILLIAM J. JAMESON, Senior United States District Judge for the District of Montana.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case involves a dispute between the Environmental Protection Agency ("EPA"), supported by industry intervenors, and petitioning environmental associations concerning EPA's application of a "bubble concept"1 to a discrete Clean Air Act (or "Act") scheme, the new source review requirements for areas in which...

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