Legal Opinion

Natural Resources Defense Council, Inc. v. Train

District Court, S.D. New York

Decided March 1, 1976No. 74 Civ. 4617PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

STEWART, District Judge:

Natural Resources Defense Council, Inc. (“NRDC”) and other named plaintiffs bring this action against the Environmental Protection Agency (“EPA") and its administrator Russell Train for failure to list lead as a pollutant under § 108 of the Clean Air Act of 1970. Defendants have moved to dismiss the complaint for lack of jurisdiction and failure to state a claim or for an order granting summary judgment. Plaintiffs have also moved for summary judgment.

Plaintiffs have alleged four separate grounds upon which the court might find jurisdiction: 1) § 304 of the…

2Cases cited6 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Kennecott Copper Corporation v. Environmental Protection Agency, the Project on Clean Air of the Natural Resources Defense Council, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1972
  3. Indiana & Michigan Electric Company v. Environmental Protection Agency, Commonwealth Edison Company v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1975
  4. Natural Resources Defense Council, Inc. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1973
  5. United States Steel Corporation v. FriDistrict Court, N.D. Indiana · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Ethyl Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976
  2. Lead Industries Ass'n v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1980
  3. Lead Industries Association, Inc. v. Environmental Protection Agency, Bunker Hill Company, Intervenor. St. Joe Minerals Corporation v. Environmental Protection Agency, Bunker Hill Company, IntervenorCourt of Appeals for the D.C. Circuit · 1980
  4. Ethyl Corporation v. Environmental Protection Agency, Ppg Industries, Inc. v. Environmental Protection Agency, E. I. Dupont De Nemours & Company v. Environmental Protection Agency, Nalco Chemical Company v. Environmental Protection Agency, National Petroleum Refiners Association v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976
  5. Natural Resources Defense Council, Inc. v. ThomasDistrict Court, S.D. New York · 1988

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