FRI, ACTING ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY
v.
SIERRA CLUB ET AL.

U.S. | 1973-06-11
No. 72-804
Mr. Justice Powell took no part in the decision of this case.
412 U.S. 541 Supreme Court of the United States (1973) Positive Treatment
Also reported at: 37 L. Ed. 2d 140 · 93 S. Ct. 2770 · 1973 U.S. LEXIS 122 · SCDB 1972-144
Cited by 94 cases

Per_curiam
Per Curiam.

[*542] Per Curiam.

The judgment is affirmed by an equally divided Court.

Mr. Justice Powell took no part in the decision of this case.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (22 total)

  • Ala. Power Co. v. Costle, 636 F.2d 323 (D.C. Cir. 1979)
    …4-.11 (1978). . Current version at 42 U.S.C. § 7410 (1978). . Id. at § 7411. . Sierra Club v. Ruckelshaus, 344 F.Supp. 253 (D.D.C.1972), aff’d per curiam, 4 ERC 4815 (D.C.Cir.1972), aff’d by an equally divided court, sub. nom. Fri v. Sierra Club, 412 U.S. 541, 93 S.Ct. 2770, 37 L.Ed.2d 140 (1973). . 39 Fed.Reg. 42,510 (1974). . 40 C.F.R. § 52.21(d)(1) (1977) (superseded). EPA stated that it could not regulate for PSD the other four pollutants for which NAAQS had been established because, among other re…
    1 / 3
  • …he requirements of the Clean Air Act to prevent significant deterioration. . Sierra Club v. Ruckelshaus, 344 F.Supp. 253 (D.D.C.1972), aff'd per curiam, 4 E.R.C. 1815 (D.C. Cir. 1972), aff'd by an equally divided Court, sub nom. Fri v. Sierra Club, 412 U.S. 541, 93 S.Ct. 2770, 37 L.Ed.2d 140 (1973). See also Sierra Club v. EPA, 176 U.S.App.D.C. 335, 540 F. 2d 1114 (1976), vacated and remanded for further consideration in light of Clean Air Act Amendments of 1977 sub nom. Montana Power Co., v. EPA, 434 U.S.…
    1 / 3
  • …. We need do no more here than gather it in the margins.41 By now the most important authority recognizing nondegradation as a policy of the Act is the Sierra Club decision, affirmed by an equally divided Supreme Court. See Fri v. Sierra Club, 1973, 412 U.S. 541, 93 S.Ct. 2770, 37 L.Ed.2d 140. The use of dispersion techniques is at odds with the nondegradation policy. Dispersion enhancement techniques operate by keeping pollutants out of areas of high pollutant concentration, and dispersing them to lower c…

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