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ASHTON v. PIERCE

Nos. 82-1988, 82-2048.

716 F.2d 56 (1983)

Claudia ASHTON, for herself and as mother and next friend of Aisha Lindsey, individually and on behalf of all others similarly situated, Appellees/Cross Appellants v. Samuel PIERCE, Secretary, U.S. Department of HUD, et al., Appellants/Cross Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1983.

As Amended November 4, 1983.

Attorney(s) appearing for the Case

Michael J. Singer, Atty., U.S. Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., and Anthony J. Steinmeyer, Atty., U.S. Dept. of Justice, Washington, D.C., were on brief, for HUD, et al.

Cheryl C. Burke and Neal J. Tonken, Washington, D.C., with whom Charles S. Fax, Washington, D.C., was on brief, for Ashton, et al.

Before TAMM, GINSBURG and BORK, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The issue in this case is whether the district court correctly held (1) that certain regulations promulgated by the Department of Housing and Urban Development (the Department) are invalid because they are inconsistent with the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. §§ 4801-4846 (1976); (2) that the failure of the Secretary...

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