Legal Opinion

Trumpeter Swan Society v. Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided December 23, 2014No. 13-5228PublishedCited by 6 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case, 101 environmental groups, invoking section 21 of the Toxic Substances Control Act (TSCA), which allows “any person” to petition the Environmental Protection Agency for a rulemaking proceeding to regulate “chemical substances” that “present an unreasonable risk of injury to health or the environment,” filed a petition with EPA asking it to regulate spent lead bullets and shot. EPA rejected the petition as “not ... cognizable” under section 21 on the grounds that it largely duplicated an earlier petition that…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Taylor v. SturgellSupreme Court of the United States · 2008
  4. Hibbs v. WinnSupreme Court of the United States · 2004
  5. Highmark Inc. v. Allcare Health Management System, Inc.Supreme Court of the United States · 2014

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3Cited by6 opinions

  1. CostCommand, LLC v. WH Administrators, Inc.Court of Appeals for the D.C. Circuit · 2016
  2. United States ex rel. Davis v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2015
  3. Food & Water Watch, Inc. v. U.S. Envtl. Prot. AgencyDistrict Court, N.D. California · 2017
  4. Environmental Defense Fund v. WheelerDistrict Court, District of Columbia · 2024
  5. Food & Water Watch, Inc. v. U.S. Envtl. Prot. AgencyDistrict Court, N.D. California · 2018

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