SIERRA CLUB V. COSTLE
657 F.2d 298 (D.C. Cir. 1981)
NATURE OF THE CASE: This was a dispute over a 1.2lbs/MBtu standard adopted by EPA. Sierra
Club (P) sought judicial review of standards promulgated by the EPA (D).
FACTS: EDF and others (Ps) challenged a final standard adopted by the EPA. Ps claimed
that there is evidence to support the standard that was in fact adopted but that EPA should
have and would have adopted a stricter standard if it had not engaged in post comment period
irregularities and succumbed to political pressure. Ps claim that EPA should have adopted a
.55lbs/MBtu limit instead of the less strict 1.2lbs/MBtu. Ps objected to comments filed
after the close of the official comment period and meeting which took place after the close
of the official comment period. EPA had accepted over 300 comments after the close of the
comment period and entered them on its administrative docket without reopening the comment
period or by notifying anyone involved that the comments had even been received. Ps also
objected to nine different meetings held after the comment period had been closed. Ps
claimed that these ex parte communications were both improper and violated P’s right to due
process.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment