Legal Opinion

Essex Chemical Corp. v. Ruckelshaus

Court of Appeals for the D.C. Circuit

Decided September 10, 1973No. Nos. 72-1072, 72-1079PublishedCited by 35 opinions

1Opinion of the Court

TAMM, Circuit Judge:

These two appeals, consolidated for purposes of argument and decision, are taken from the action of the Administrator of the Environmental Protection Agency [EPA] in setting “standards of performance” for new or modified stationary sources of pollution pursuant to the mandate of § 111 of the Clean Air Act, as amended [Act], 42 U.S.C. § 1857c-6 (1970). Among the stationary sources for which standards were set are sulfuric acid plants, subject to challenge in No. 72-1072, and coal-fired steam generators, subject to challenge in No. 72-1079. See 40 C.F.R. §§ 60.1, et seq.…

2Cases cited5 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Portland Cement Association v. RuckelshausCourt of Appeals for the D.C. Circuit · 1973
  3. Getty Oil Co. v. RuckelshausCourt of Appeals for the Third Circuit · 1972
  4. Kennecott Copper Corporation v. Environmental Protection Agency, the Project on Clean Air of the Natural Resources Defense Council, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1972
  5. United States v. Peter MatusewitchCourt of Appeals for the Second Circuit · 1973

3Cited by35 opinions

  1. Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
  2. Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1981
  3. Weyerhaeuser Company v. Douglas M. Costle, Administrator, Environmental Protection Agency, No. 76-1674Court of Appeals for the D.C. Circuit · 1978
  4. Ethyl Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1976
  5. American Meat Institute v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1975

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