Lead Industries Association v. EPA

by the United States Court of Appeals for the District of Columbia Circuit

647 F.2d 1130

LEAD INDUSTRIES ASSOCIATION, INC., PETITIONER

v.

ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT BUNKER HILL COMPANY, INTERVENOR; ST. JOE MINERALS CORPORATION, PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT BUNKER HILL COMPANY, INTERVENOR

No. Nos. 78-2201, 78-2220

United States Court of Appeals,
District of Columbia Circuit.

November 7, 1979, Argued
June 27, 1980, Decided
Certiorari Denied December 8, 1980. See 101 S. Ct. 621.

Petitions to Review Action of the Administrator of the Environmental Protection Agency.

Edwin H. Seeger, Washington, D. C., with whom Gary M. Welsh and Richard T. Witt, Washington, D. C., were on the brief, for petitioner in No. 78-2201 and for intervenor in both cases.

Robert A. Emmett, Washington, D. C., with whom John McN. Cramer, Washington, D. C., was on the brief, for petitioner in No. 78-2220.

James N. Cahan, Atty., Environmental Protection Agency, and Michael P. Carlton, Atty., Dept. of Justice, Washington, D. C., with whom Sanford Sagalkin, Acting Asst. Atty. Gen., Angus MacBeth, Atty., Dept. of Justice, Joan Z. Bernstein, Gen. Counsel, Environmental Protection Agency, and Gerald K. Gleason, Deputy Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., were on the brief, for respondent. James W. Moorman, Atty., Dept. of Justice, and Jeffrey O. Cerar, Atty., Environmental Protection Agency, Washington, D. C., also entered appearances for respondent.

David Schoenbrod, Washington, D. C., for amici curiae Natural Resources Defense Council, Inc. et al. urging affirmance in both cases.

Kathleen W. Mikkelson, Deputy Atty. Gen., State of California, San Francisco, Cal., was on the brief for amicus curiae Air Resources Board, State of California, urging affirmance in both cases.

Before WRIGHT, Chief Judge, and ROBINSON and MacKINNON, Circuit judges.Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.