Legal Opinion

Her Majesty the Queen in Right of Ontario v. United States Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided August 31, 1990No. Nos. 88-1778, 88-1780 and 88-1812PublishedCited by 1 opinion

1Opinion of the Court

BUCKLEY, Circuit Judge:

The question before us is whether the Environmental Protection Agency has any present obligation to take action under section 115 of the Clean Air Act, which establishes a procedure for the prevention of air pollutants in the United States from causing harm in the form of acid deposition to the public health and welfare in Canada. The Province of Ontario and a number of States and environmental groups have petitioned the EPA for a rulemaking that would essentially set in motion section 115’s international pollution abatement procedures. We conclude, first, that section…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  4. Sierra Club v. Lee M. Thomas, Administrator, Environmental Protection Agency, American Mining Congress, National Coal Association, IntervenorsCourt of Appeals for the D.C. Circuit · 1987
  5. Ciba-Geigy Corporation v. U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1986

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3Cited by1 opinion

  1. Her Majesty The Queen In Right Of Ontario v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1990

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