NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 85-1150.

804 F.2d 710 (1986)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee Thomas, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1986.


Attorney(s) appearing for the Case

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

Earl Salo, Atty., U.S. E.P.A., with whom Francis Blake, Gen. Counsel, Charles Carter, Asst. Gen. Counsel, U.S. E.P.A., and Margaret N. Strand, Michael W. Steinberg, and Mark P. Fitzsimmons, Attys. U.S. Dept. of Justice, Washington, D.C., were on brief, for respondents.

Robert Brager, with whom Gary H. Baise, Jerome H. Heckman and Peter L. de la Cruz, Washington, D.C., were on brief, for intervenor Vinyl Institute.

Arthur F. Sampson, III, and Neil J. King, Washington, D.C., were on the joint brief for amici curiae American Petroleum Institute and Chemical Mfrs. Ass'n, urging affirmance. Stark Ritchie, Martha Beauchamp, and Arnold Block, Washington, D.C., entered appearances for amicus curiae American Petroleum Institute. David F. Zoll and Frederic P. Andes, Washington, D.C., entered appearances for amicus curiae Chemical Mfrs. Associations.

Robert V. Percival, Washington, D.C., was on brief for amicus curiae Environmental Defense Fund, urging reversal.

Before EDWARDS and BORK, Circuit Judges, and WRIGHT, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge BORK.

Separate opinion concurring in part and dissenting in part filed by Senior Circuit Judge WRIGHT.

BORK, Circuit Judge:

Petitioner Natural Resources Defense Council ("NRDC") challenges the Environmental Protection Agency's ("EPA" or "agency") withdrawal of proposed regulations governing the emissions of vinyl chloride. The NRDC claims that section 112 of the Clean Air Act, 42 U.S.C. § 7412 (1982...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases