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UNION OIL CO. OF CALIFORNIA v. U.S.E.P.A.

No. 85-1326.

821 F.2d 678 (1987)

UNION OIL COMPANY OF CALIFORNIA and Beacon Oil Company, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1987.

Attorney(s) appearing for the Case

Patrick M. Raher, with whom Allen R. Snyder, David J. Hayes, Julie E. Stumpe, Washington, D.C., and Timothy R. Thomas were on the brief, for petitioners.

Bonnie A. Sullivan, Atty., Dept. of Justice, with whom Francis S. Blake, Gen. Counsel, Gerald K. Gleason, Asst. Gen. Counsel, and Ralph J. Colleli, E.P.A., Atty., Washington, D.C., were on the brief, for respondents.

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

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Since 1973, the Environmental Protection Agency (EPA) has exercised its discretionary authority under the Clean Air Act, 42 U.S.C. § 7401 et seq. (1982), to regulate the lead content of gasoline. In 1985, EPA promulgated new fuel additive regulations that significantly reduced the amount of lead permitted in gasoline. These regulations established a descending lead...

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