Legal Opinion

Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, Intervenors

Court of Appeals for the D.C. Circuit

Decided June 1, 1981No. 79-1565, 79-1719, 79-1867, 79-1874, 80-1187, 80-1201, 80-1213 and 80-1338PublishedCited by 260 opinions

1Opinion of the Court

WALD, Circuit Judge:

This case concerns the extent to which new coal-fired steam generators that produce electricity must control their emissions of sulfur dioxide and particulate matter into the air. In June of 1979 EPA revised the regulations called “new source performance standards” (“NSPS” or “standards”) governing emission control by coal burning power plants. On this appeal we consider challenges to the revised NSPS brought by environmental groups which contend that the standards are too lax and by electric utilities which contend that the standards are too rigorous. Together these…

Also in this document: Concurrence.

2Cases cited51 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  4. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  5. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978

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3Cited by260 opinions

  1. Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
  2. Department of Commerce v. New YorkSupreme Court of the United States · 2019
  3. In re Sealed CaseCourt of Appeals for the D.C. Circuit · 1997
  4. National Mining Association v. Gina McCarthyCourt of Appeals for the D.C. Circuit · 2014
  5. Appalachian Power Company v. Environmental Protection Agency, Public Service Electric & Gas Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1998

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