Legal Opinion

The Detroit Edison Company v. United States Environmental Protection Agency

Court of Appeals for the Sixth Circuit

Decided April 18, 1974No. 73-1552PublishedCited by 25 opinions

1Opinion of the Court

JOHN W. PECK, Circuit Judge.

This case is before us upon petition by the Detroit Edison Company for judicial review pursuant to § 307(b)(1) of the Clean Air Act, 42 U.S.C. § 1857h-5(b)(1) (1970), of a May 14, 1973, regulation promulgated by the Administra» tor of the Environmental Protection Agency (EPA). The May 1973 regulation specifically amended an earlier EPA regulation promulgated in October of 1972 although the subject matter thereof had been neither previously published nor the subject of a public hearing. The EPA terms the amendment a “clarification” of the October 1972 regulation,…

2Cases cited3 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Columbia Broadcasting System, Inc. v. United StatesSupreme Court of the United States · 1942
  3. Gulf Oil Corporation v. Walter J. Hickel, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1970

3Cited by25 opinions

  1. Cerro Metal Products v. MarshallCourt of Appeals for the Third Circuit · 1980
  2. O'Connell v. ShalalaCourt of Appeals for the First Circuit · 1996
  3. Finkelstein v. Board of Registration in OptometryMassachusetts Supreme Judicial Court · 1976
  4. First National Bank of Chicago, F/k/a Nbd Bank, Cross-Appellee v. Standard Bank & TrustCourt of Appeals for the First Circuit · 1999
  5. Bethlehem Steel Corporation v. Anne M. Gorsuch, Administrator of the United States Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1984

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