ATTORNEY GENERAL OF NEW JERSEY

v.

BISACCIA

Citator

Cited By (58 total)

• Daye v. Attorney Gen. OF the State OF NEW York & Eugene Le Fevre, 696 F.2d 186 (2d Cir. 1982)
  …(finding exhaustion as to claim rejected by state court using “a method of analysis consistent with Fourteenth Amendment due [*195] process determinations,” with dissenting state judge “casting his dissent in constitutional language”), cert. denied, 449 U.S. 1042, 101 S.Ct. 622, 66 L.Ed.2d 504 (1980). In contrast, the Eighth Circuit appears to have adopted the more restrictive standard that the petitioner must have cited either the Constitution or federal constitutional cases in order to fairly present his…
• Sierra Club v. Costle, 657 F.2d 298 (D.C. Cir. 1981)
  …has been accorded considerable deference by the courts. EPA v. National Crushed Stone Ass’n, 449 U.S. 64, 83-85, 101 S.Ct. 295, 306-307, 66 L.Ed.2d 268 (1980); Lead Industries Ass’n v. EPA, 647 F. 2d 1130 at 1147-1148, (D.C.Cir.1980), cert. denied, 449 U.S. 1042, 101 S.Ct. 621, 66 L.Ed.2d 503 (citing Union Electric Co. v. EPA, 427 U.S. 246, 256, 96 S.Ct. 2518, 2525, 49 L.Ed.2d 474 (1976); Train v. Natural Resources Defense Council, Inc., 421 U.S. 60, 75, 95 S.Ct. 1470, 1479, 43 L.Ed.2d 731 (1975); Ethyl Cor…

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• Small Refiner Lead Phase-Down Task Force v. United States Env't Prot. Agency, 705 F.2d 506 (D.C. Cir. 1983)
  …d content of gasoline, EPA also promulgated a national ambient air quality standard for lead of 1.5 micrograms per cubic meter (ug/m3).8 We upheld the regulation on appeal. Lead Industries Association v. EPA, 647 F. 2d 1130 (D.C.Cir.), cert. denied, 449 U.S. 1042, 101 S.Ct. 621, 66 L.Ed.2d 503 (1980). B. The Current Regulation On February 22, 1982, roughly seven months before the 0.5 gpg small refinery standard was to take effect, EPA published a notice of proposed rulemaking in which it solicited comments…

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