Hearings, Reports and Prints of the Senate Committee on Environment and Public Works, Parts 3-4U.S. Government Printing Office, 1977 - Environmental law |
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Page 77
... court finding in NRDC v . EPA , 475 F.2d 968 ( D.C. Circuit 1973 ) that there had been insufficient determination of the adequacy of State Implementation Plans for this latter purpose , the Adminis- trator further reviewed the plans and ...
... court finding in NRDC v . EPA , 475 F.2d 968 ( D.C. Circuit 1973 ) that there had been insufficient determination of the adequacy of State Implementation Plans for this latter purpose , the Adminis- trator further reviewed the plans and ...
Page 89
... court may reverse any " rule " if that action is taken " without observance of proce- dure required by law " . In deciding whether or not such reversal is warranted on procedural grounds , the court is directed to consider two factors ...
... court may reverse any " rule " if that action is taken " without observance of proce- dure required by law " . In deciding whether or not such reversal is warranted on procedural grounds , the court is directed to consider two factors ...
Page 90
... court's practice of engaging in searching review without substituting their judgment for that of the Administrator and to assure that no retreat to a less search approach takes place . The Committee recognizes that the factual support ...
... court's practice of engaging in searching review without substituting their judgment for that of the Administrator and to assure that no retreat to a less search approach takes place . The Committee recognizes that the factual support ...
Page 134
... Court of Appeals for the Fifth Circuit , in an unusual concurring opinion filed in the State of Texas case for the " sole purpose of [ highlighting ] the adverse effects flowing from the legislative mandate that judicial review ...
... Court of Appeals for the Fifth Circuit , in an unusual concurring opinion filed in the State of Texas case for the " sole purpose of [ highlighting ] the adverse effects flowing from the legislative mandate that judicial review ...
Page 135
... court isolated one problem in particular : [ One of the ] two other questions which this court believes present sub- stantial legal issues is whether the Respondent Environmental Protection Agency can determine that a plan submitted by ...
... court isolated one problem in particular : [ One of the ] two other questions which this court believes present sub- stantial legal issues is whether the Respondent Environmental Protection Agency can determine that a plan submitted by ...
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Common terms and phrases
94th Congress Administrator Air Act Amendments air pollution air quality standards ambient air quality Antiknock areas Association auto emissions Automobile Emission Control Base Fuel bill Bouhuys cars catalyst Chairman Clean Air Act Committee compliance concentrations Congress cost courts of appeals economic effect emission control emission standards engine Environmental Pollution EPA's Ethyl Corporation facilities February 15 Federal g Mn/gal g Mn/gallon hydrocarbon impact implementation plan increments indirect source controls indirect source regulations indirect source review industry judicial review land legislation levels manganese miles NRMA octane numbers operation oxidant parking particulate permit President problem promulgated proposed provision public health question reduce result Retail Section Senator HART Senator MUSKIE shopping centers significant deterioration Source Performance Standards source review programs statute Subcommittee on Environmental sulfur sulfur dioxide terrain tion transportation controls unleaded gasoline urban vapor recovery vehicle warranty
Popular passages
Page 341 - ... award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
Page 129 - ... to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.
Page 340 - The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
Page 336 - Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
Page 335 - If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the...
Page 225 - State with respect to such a standard or limitation, or "(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator.
Page 315 - Court decisions is in the direction of finding standing whenever "the plaintiff alleges that the challenged action has caused him injury in fact, economic or otherwise" and that "the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.
Page 339 - The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties...
Page 257 - ... (3) Such criteria and information and revisions thereof shall be issued to the States and shall be published in the Federal Register and otherwise made available to the public. " (b) For the purpose of adopting or revising effluent limitations under this Act the Administrator shall, after consultation with appropriate Federal and State agencies and other interested persons, publish within one year of enactment of this title, regulations, providing guidelines for effluent limitations, and at least...
Page 314 - A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.