Legal Opinion
Asarco, Inc. v. U. S. Environmental Protection Agency
Court of Appeals for the Ninth Circuit
Decided April 14, 1980No. 77-2822PublishedCited by 345 opinions
1Opinion of the Court
TANG, Circuit Judge.
The Environmental Protection Agency (EPA) appeals the district court’s finding that the EPA’s order requiring Asarco, Inc. to install a sampling station in the 1000 foot stack at Asarco’s copper smelter was arbitrary and capricious. The case requires us to consider the extent to which the district court may go outside the administrative record to review agency action. Although we find that the district court went too far in its consideration of evidence not in the administrative record, we find, based on our own review of the administrative record, that the EPA’s order was…
2Cases cited10 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- Camp v. PittsSupreme Court of the United States · 1973
- First National Bank of Fayetteville v. SmithCourt of Appeals for the Eighth Circuit · 1974
- Independent Meat Packers Ass'n v. ButzCourt of Appeals for the Eighth Circuit · 1975
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3Cited by345 opinions
- James Madison Limited, by Norman F. Hecht, Sr., Assignee v. Eugene A. Ludwig, Comptroller of the CurrencyCourt of Appeals for the D.C. Circuit · 1996
- William Partridge James Zagorski William Stojack v. Robert B. Reich Helen Haase U.S. Department of LaborCourt of Appeals for the Ninth Circuit · 1998
- Environmental Defense Fund, Inc. v. Douglas M. Costle, as Administrator, U. S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1981
- Western States Petroleum Assn. v. Superior CourtCalifornia Supreme Court · 1995
- Ronald Miller v. Comm'r of Social SecurityCourt of Appeals for the Sixth Circuit · 2016
340 more not listed; retrieve them via the Exa API.