GENERAL ELECTRIC COMPANY, Petitioner,
v.
UNITED STATES DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration, Respondent,
American Forest and Paper Association Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 11, 1997.
Decided November 18, 1997.
Attorney(s) appearing for the Case
E. Edward Bruce, Washington, DC, argued the cause for the non-insurance petitioners. With him on the briefs were James R. Bieke, G. William Frick, Philip A. Cooney, Dean A. Calland, Thomas B. Smith, Harold E. Mesirow, James L. Connaughton, David F. Zoll, Ronald A. Shipley, Christina Franz, L. Charles Landraf, Linda K. Breggin, and Cynthia H. Evans.
Marilyn L. Lytle, New York City, argued the cause and filed the briefs for petitioners American Institute of Marine Underwriters and Water Quality Insurance Syndicate.
Monica P. Medina, General Counsel, U.S. Department of Commerce and Naikang Tsao, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for respondent. On the brief were Lois J. Schiffer, Assistant Attorney General, and Eileen T. McDonough, Attorney.
Peter H. Lehner, New York City, argued the cause for intervenor Natural Resources Defense Council, Inc. With him on the brief was Sarah Chasis.
Thomas S. Udall, Attorney General, State of New Mexico, Charles de Saillan, Assistant Attorney General, Santa Fe, NM, and Charles E. Magraw, Assistant Attorney General, State of Montana, Helena, MT, were on the brief for amici curiae State of New Mexico, et al.
Before: SILBERMAN, ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
Seventeen months after the oil tanker Exxon Valdez ran aground in Prince William Sound, spilling almost eleven million gallons of North Slope crude, Congress enacted the Oil Pollution Act of 1990 to make parties responsible for oil spills liable for damage to natural resources. In this case, we consider both procedural and substantive challenges to the final rule that the National Oceanic...
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