SIERRA CLUB v. GORSUCH

No. 80-2218.

715 F.2d 653 (1983)

SIERRA CLUB, Petitioner, v. Anne M. GORSUCH, Administrator, Environmental Protection Agency, Respondent, American Mining Congress, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1983.

As Amended August 26 and November 2, 1983.


Attorney(s) appearing for the Case

Howard Fox, Washington, D.C., with whom Joseph J. Brecher, Oakland, Cal., was on brief, for petitioner.

Jesse Carrillo, Atty., Dept. of Justice, with whom Peter H. Wyckoff, Atty., E.P.A., Washington, D.C., was on brief, for respondent. Patrick J. Cafferty, Jr., Elizabeth Stein, Attys., Dept. of Justice, and Bruce M. Diamond, Atty., E.P.A., Washington, D.C., also entered appearances, for respondent.

Robert T. Connery, with whom Roberta L. Halladay and Paul D. Phillips, Denver, Colo., were on brief, for intervenors.

Before GINSBURG, Circuit Judge, BAZELON and MacKINNON, Senior Circuit Judges.


Opinion for the Court filed by Senior Circuit Judge BAZELON.

Dissenting opinion filed by Senior Circuit Judge MacKINNON.

BAZELON, Senior Circuit Judge:

Petitioner, Sierra Club, challenges the failure of the Environmental Protection Agency (EPA) to place strip mines on the list of pollutant sources subject to fugitive emissions regulations. EPA maintains that no decision has been made whether to include strip mines on the list and that the issue is...

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