Legal Opinion

Nance v. Environmental Protection Agency

Court of Appeals for the Ninth Circuit

Decided May 18, 1981No. Nos. 77-3058, 77-3301, 77-3305, 77-3356, 77-3374 and 79-7261PublishedCited by 35 opinions

1Opinion of the Court

NELSON, Circuit Judge:

In this case, petitioners challenge the approval by the Environmental Protection Agency (EPA) of the Northern Cheyenne Tribe’s redesignation of its reservation from Class II to Class I air quality standards. The major issue presented can be rather simply described. When an agency takes administrative action expressly on the then correct assumption that the action will not affect the rights of various parties, some of whom actively intervene in the proceedings, and immediately after such action becomes final a law is passed which causes the administrative action to have a…

2Cases cited32 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  5. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969

27 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Wing v. CommissionerUnited States Tax Court · 1983
  2. Constance A. Adler, Roosevelt Lathan and Pearline Lathan, Etc. v. Andrew Lewis, Secretary of TransportationCourt of Appeals for the Ninth Circuit · 1982
  3. California Hospital Ass'n v. SchweikerDistrict Court, C.D. California · 1982
  4. Bolin v. Cessna Aircraft Co.District Court, D. Kansas · 1991
  5. Ute Indian Tribe v. State of UtahDistrict Court, D. Utah · 1981

30 more not listed; retrieve them via the Exa API.

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