Legal Opinion

City of Seabrook, Richard D. Rogan v. Douglas M. Costle, Administrator, Environmental Protection Agency

Court of Appeals for the Fifth Circuit

Decided October 30, 1981No. 80-2103PublishedCited by 41 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

Plaintiffs brought this action in federal district court pursuant to § 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2) (Supp. Ill 1979), to compel the Administrator of the Environmental Protection Agency to perform allegedly nondiscretionary duties imposed by the Act. The district court dismissed the suit for lack of subject matter jurisdiction. Plaintiffs appeal. We affirm.

This suit is a companion to the petitions which we have denied today in City of Seabrook v. United States Environmental Protection Agency, 659 F.2d 1349 (5th Cir. 1981). The parties in both…

2Cases cited9 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Alex Carl Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  3. Inmates of Attica Correctional Facility v. Nelson A. RockefellerCourt of Appeals for the Second Circuit · 1973
  4. Sierra Club v. Russell Train, Administrator of the Environmental Protection Agency v. State of Alabama, Intervenors-AppellantsCourt of Appeals for the Fifth Circuit · 1977
  5. Lewis E. Jones v. Clifford Alexander, Secretary of the ArmyCourt of Appeals for the Fifth Circuit · 1980

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

3Cited by41 opinions

  1. Harmon Cove Condominium Association, Inc. v. John O. Marsh, Secretary of the Army, Hartz Mountain Industries, Inc., and Hartz Mountain AssociatesCourt of Appeals for the Third Circuit · 1987
  2. Susan Boda v. United StatesCourt of Appeals for the Eleventh Circuit · 1983
  3. Mark Abramowitz v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1988
  4. City of Seabrook, Texas v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1981
  5. The Connecticut Fund for the Environment, Inc. v. Environmental Protection Agency, National Retail Merchants Association, IntervenorsCourt of Appeals for the Second Circuit · 1982

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

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