Legal Opinion
Dow Chemical v. United States Environmental Protection Agency
Court of Appeals for the Fifth Circuit
Decided November 17, 1987No. 86-4276PublishedCited by 27 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This case is part of a lively dispute about the meaning of a regulation governing industrial discharges of vinyl chloride, a colorless and carcinogenic gas. The petitioner is the Dow Chemical Company (Dow). The respondent is the U.S. Environmental Protection Agency (EPA). Because we conclude that we lack subject matter jurisdiction under the applicable statute, we dismiss the petition.
I
Dow owns and operates a vinyl chloride plant near Plaquemine, Louisiana. During production, the vinyl chloride is kept in tanks known as “process units”. Each process unit has a relief…
2Cases cited11 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
- Harrison v. PPG Industries, Inc.Supreme Court of the United States · 1980
- Ciba-Geigy Corporation v. U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1986
- Calvin Geyen, Jr. v. John O. Marsh, Jr., Secretary of the United States ArmyCourt of Appeals for the Fifth Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
- Veldhoen v. United States Coast GuardCourt of Appeals for the Fifth Circuit · 1994
- Dean Borst v. Chevron Corp.Court of Appeals for the Fifth Circuit · 1994
- American Airlines, Inc. v. HermanCourt of Appeals for the Fifth Circuit · 1999
- American Paper Institute, Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1989
22 more not listed; retrieve them via the Exa API.