Frank J. KELLEY, Attorney General of the State of Michigan, Frank J. Kelley, ex rel. State of Michigan, Michigan Department of Natural Resources, Frank J. Kelley, Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, William K. Reilly, Administrator, Respondents,
American Bankers Association, Equipment Leasing Association of America, Commercial Finance Association, American Council of Life Insurance, American College of Real Estate Lawyers, Intervenors.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
American Bankers Association, Equipment Leasing Association of America, Commercial Finance Association, American Council of Life Insurance, American College of Real Estate Lawyers, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 28, 1993.
Decided February 4, 1994.
Dissenting Opinion March 1, 1994.
Attorney(s) appearing for the Case
Jeremy M. Firestone, Asst. Atty. Gen., State of Mich., argued the cause, for petitioners Mich. Atty. Gen. Frank J. Kelley, the State of Mich. and the Mich. Dept. of Natural Resources in No. 92-1312. With him on the briefs was Thomas L. Casey, Sol. Gen., State of Mich.
Theodore L. Garrett argued the cause, for petitioner Chemical Mfrs. Ass'n in No. 92-1314. With him on the briefs were David F. Zoll and Dell E. Perelman.
Bradley M. Campbell, Atty., U.S. Dept. of Justice, argued the cause, for respondents. With him on the brief was Earl C. Salo, Counsel, U.S. E.P.A. Michael A. McCord, Atty., U.S. Dept. of Justice, entered an appearance, for respondents.
On the joint brief, for intervenors American Bankers Ass'n, et al., and amicus curiae Mortg. Bankers Ass'n of America were John J. Gill, Thomas J. Greco, Michael F. Crotty, Roger D. Schwenke, Margaret V. Hathaway, Howard L. Feinstein, Robert S. McConnaughey, Samuel I. Gutter, David T. Buente, Jr., Edwin E. Huddleson, III, and William E. Cumberland. Richard R. Goldberg entered an appearance, for intervenor American College of Real Estate Lawyers in Nos. 92-1312 and 92-1314.
Before MIKVA, Chief Judge, SILBERMAN and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Dissenting Opinion of Chief Judge Mikva March 1, 1994.
Opinion for the Court filed by Circuit Judge SILBERMAN.
Dissenting opinion filed by Chief Judge MIKVA.
SILBERMAN, Circuit Judge:
Petitioners challenge an EPA regulation limiting lender liability under CERCLA. We hold that EPA lacks statutory authority to restrict by regulation private rights of action arising under the statute and therefore grant...
Let's get started
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.
