SMALL REF. LEAD PHASE-DOWN TASK FORCE v. U.S.E.P.A.

Nos. 82-2282, 82-2283, 82-2308, 82-2395 and 82-2521.

705 F.2d 506 (1983)

SMALL REFINER LEAD PHASE-DOWN TASK FORCE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Anne M. Gorsuch, Administrator, United States Environmental Protection Agency, Respondents, Exxon Corporation, et al., Texas City Refining, Inc., Environmental Defense Fund, et al., Texaco, Inc., et al., Intervenors. SMALL REFINER LEAD PHASE-DOWN TASK FORCE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Anne M. Gorsuch, Administrator, United States Environmental Protection Agency, Respondents, Exxon Corporation, Sun Refining and Marketing Company, Texas City Refining, Inc., Environmental Defense Fund, et al., Texaco, Inc., et al., Intervenors. SMALL REFINER LEAD PHASE-DOWN TASK FORCE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Anne M. Gorsuch, Administrator, United States Environmental Protection Agency, Respondents, Environmental Defense Fund, et al., United Refining Company, Texaco, Inc., et al., Exxon Corporation, et al., Texas City Refining, Inc., Natural Resources Defense Council, Inc., Intervenors. PLATEAU, INC., Petitioner, v. Anne M. GORSUCH, Administrator, United States Environmental Protection Agency and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Orders Issued January 26, 1983 and February 9, 1983.

Opinion Issued April 22, 1983.

As Amended July 6, 1983.


Attorney(s) appearing for the Case

L.L. Hank Hankla, Washington, D.C., with whom Matthew A. Low, Washington, D.C., was on the brief, for petitioner, Small Refiner Lead Phase-Down Task Force.

Patrick M. Raher, Washington, D.C., with whom David J. Hayes, Washington, D.C., was on the brief, for petitioner, Plateau, Inc.

Scott M. DuBoff, Washington, D.C., with whom John P. Proctor and Sharon L. Steen, Washington, D.C., were on the brief, for petitioner, Simmons Oil Company.

Samuel I. Gutter, Atty., E.P.A., Washington, D.C., with whom Carol Dinkins, Asst. Atty. Gen., Washington, D.C., Robert M. Perry, Associate Administrator and Gen. Counsel, Houston, Tex., Gerald K. Gleason, Asst. Gen. Counsel, Robert A. Weissman and Robert E. Kenney, Attys., E.P.A., and David E. Dearing, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

G. William Frick, Washington, D.C., for intervenors, Texaco, Inc., et al. Roy L. Jacobs and Thomas Murphy, Washington, D.C., also entered appearances for Texaco, Inc., et al.

Robert V. Percival, Washington, D.C., for intervenors, Environmental Defense Fund and Consumers Union of the United States, Inc. Alan Mark Silbergeld, Washington, D.C., also entered an appearance for intervenors.

Eric A. Goldstein, Brooklyn, N.Y., was on the brief for intervenor, Natural Resources Defense Council, Inc.

Richard P. Noland and Monica A. Otee, Washington, D.C., were on the brief for intervenor, Texas City Refining, Inc.

Frederick M. Lowther, James McNab, III, and Michael E. Nannes, Washington, D.C., were on the brief for intervenor, United Refining Co.

Before WILKEY, WALD and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

                                 TABLE OF CONTENTS
                                                                       Page

    I. BACKGROUND                                                       511
       A. Early Regulation of Gasoline Lead                             512
       B. The Current Regulation                                        512
       C. Issues Presented                        ...

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