Legal Opinion
Rochester Pure Waters District, a Municipal Authority of the State of New York v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
Decided April 3, 1992No. 90-5011, 90-5320PublishedCited by 28 opinions
1Opinion of the Court
Opinion PER CURIAM.
2Per curiam
May a federal court order an executive agency to set aside funds from an appropriation that Congress has rescinded? In this case, the district court issued a temporary restraining order mandating that the Environmental Protection Agency retain approximately $4 million of the $47.7 million remaining in an appropriation for a grant program. Congress rescinded the entire $47.7 million after the court issued its order. Relying on case law dealing with the extension of lapsed budget authority, the court answered the question posed above in the affirmative by converting its…
3Cases cited14 opinions
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- Reeside v. WalkerSupreme Court of the United States · 1851
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4Cited by28 opinions
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- Cobell v. NortonDistrict Court, District of Columbia · 2002
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