NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
GATX Terminals Corporation, Alabama Power Company, et al., Intervenors.
STATE OF CALIFORNIA, acting By and Through the CALIFORNIA AIR RESOURCES BOARD, Petitioner,
v.
Anne M. GORSUCH, Administrator of the United States Environmental Protection Agency, Respondent,
GATX Terminals Corporation, Intervenor.
NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner,
v.
Anne M. GORSUCH, Administrator, United States Environmental Protection Agency, Respondent,
GATX Terminals Corporation, Chevron, U.S.A., Inc., Intervenors.
STATE OF CALIFORNIA, acting By and Through the CALIFORNIA AIR RESOURCES BOARD, Petitioner,
v.
Anne M. GORSUCH, Administrator of the United States Environmental Protection Agency, Respondent,
GATX Terminals Corporation, Intervenor.
NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner,
v.
Anne M. GORSUCH, Administrator, United States Environmental Protection Agency, Respondent,
GATX Terminals Corporation, Chevron, U.S.A., Inc., Intervenors.
STATE OF CALIFORNIA, acting By and Through the CALIFORNIA AIR RESOURCES BOARD, Petitioner,
v.
Anne M. GORSUCH, Administrator of the United States Environmental Protection Agency, Respondent,
GATX Terminals Corporation, Chevron, U.S.A., Inc., Intervenors.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Petitioner,
v.
Anne M. GORSUCH, Administrator, United States Environmental Protection Agency, Respondent,
GATX Terminals Corporation, Chevron, U.S.A., Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 17, 1983.
Decided January 17, 1984.
Attorney(s) appearing for the Case
Graeme W. Bush, Washington, D.C., with whom David D. Doniger, Washington, D.C., was on brief, for petitioner, Natural Resources Defense Council.
Susan L. Durbin, Deputy Atty. Gen., State of Cal., Los Angeles, Cal., for petitioner, State of Cal. Daniel P. Selmi, Deputy Atty. Gen., State of Cal., Los Angeles, Cal., also entered an appearance for petitioner, in 81-2007.
William J. Barzano, Jr., Asst. Atty. Gen., Environmental Control Div., Chicago, Ill., was on brief, for petitioner, Illinois E.P.A.
William F. Pedersen, Jr., E.P.A., Washington, D.C., of the Bar of the District of Columbia, pro hac vice, by special leave of the Court, with whom Robert M. Perry, Associate Adm'r and Gen. Counsel, E.P.A. and Jesse Carrillo, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondent. Patrick J. Cafferty, Jr., and Donald W. Stever, Jr., Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent, in 81-2001, et al.
Ky P. Ewing, Jr., Washington, D.C., with whom Norman D. Radford, Jr., Jeffrey Civins, Houston, Tex., and Christopher T. Corson, Washington, D.C., were on brief, for intervenor, GATX Terminals Corp.
Walter R. Allan, Alston R. Kemp, Jr., Michael R. Barr, Mauricio A. Flores, and Michael J. Halloran, San Francisco, Cal., entered appearances for intervenor, Chevron U.S.A. Inc.
Henry V. Nickel, Andrea S. Bear, and Peter S. Everett, Washington, D.C., entered appearances for intervenor, Alabama Power Co., et al. in 81-2001.
Before MIKVA and SCALIA, Circuit Judges, and BAZELON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
The process of loading and unloading vessels docked at marine terminals produces significant quantities of air pollution in harbor areas. Similarly, pollutants emitted as a ship approaches and leaves a marine terminal contribute substantially to the poor air quality of many harbors. Recognizing these facts, the Environmental Protection Agency (EPA) initially promulgated rules under which...
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