Legal Opinion

The Dow Chemical Company v. United States Environmental Protection Agency and Douglas Costle, Administrator

Court of Appeals for the Third Circuit

Decided August 24, 1979No. 78-2203PublishedCited by 85 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

One of the assumptions upon which our society is premised is that technological advancement will be encouraged and material comfort will be increased by rewarding innovation with profit. Long ago, Sir Edward Coke noted that “everyone thirsteth after gaine,” 1 and, by and large, the law recognizes that experimentation and innovation will be persisted in only to the degree that an opportunity for “gaine” is presented. 2 This may be especially so today when our continued efforts in scientific research depend almost as much on those who are willing to fund…

2Cases cited26 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Flast v. CohenSupreme Court of the United States · 1968
  4. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  5. United States v. W. T. Grant Co.Supreme Court of the United States · 1953

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3Cited by85 opinions

  1. Jordan v. SosaCourt of Appeals for the Tenth Circuit · 2011
  2. Finberg v. SullivanCourt of Appeals for the Third Circuit · 1980
  3. Better Government Association v. Department of State National Wildlife Federation v. United States Department of InteriorCourt of Appeals for the D.C. Circuit · 1986
  4. Cerro Metal Products v. MarshallCourt of Appeals for the Third Circuit · 1980
  5. Natural Resources Defense Council, Inc. v. United States Nuclear Regulatory Commission, and the United States of America, (Two Cases)Court of Appeals for the D.C. Circuit · 1982

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