Legal Opinion

Corrosion Proof Fittings v. The Environmental Protection Agency and William K. Reilly, Administrator

Court of Appeals for the Fifth Circuit

Decided November 27, 1991No. 89-4596PublishedCited by 39 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The Environmental Protection Agency (EPA) issued a final rule under section 6 of the Toxic Substances Control Act (TSCA) to prohibit the future manufacture, importation, processing, and distribution of asbestos in almost all products. Petitioners claim that the EPA’s rulemaking procedure was flawed and that the rule was not promulgated on the basis of substantial evidence. Certain petitioners and amici curiae contend that the EPA rule is invalid because it conflicts with international trade agreements and may have adverse economic effects on Canada and other…

2Cases cited38 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  5. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967

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3Cited by39 opinions

  1. Claude Cimino v. Raymark Industries, Inc., Pittsburgh Corning Corporation and Asbestos Corporation LimitedCourt of Appeals for the Fifth Circuit · 1998
  2. America Unites for Kids v. Sylvia RousseauCourt of Appeals for the Ninth Circuit · 2021
  3. Bridges v. City of BossierCourt of Appeals for the Fifth Circuit · 1996
  4. Gail Merchant Irving v. United StatesCourt of Appeals for the First Circuit · 1998
  5. Grand Council of the Crees v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2000

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