· 4/21/1981
Environmental Defense Fund, Inc. v. Douglas M. Costle, as Administrator, U. S. Environmental Protection Agency
Citations
- 657 F.2d 275
- 211 U.S. App. D.C. 313
- 11 Envtl. L. Rep. (Envtl. Law Inst.) 20459
- 16 ERC (BNA) 1185
- 1981 U.S. App. LEXIS 14102
- 16 ERC 1185
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “an administrative agency either must conform with its own precedents or explain its departure from them”
- holding that CWA “assigned secondary priority to the standards and placed primary emphasis upon both a point source discharge permit program and federal technology-based effluent limitations.”
- saying that the administrative record includes materials that were “before the agency at the time the decision was made” (emphasis added)
- explaining that “[a]rbitrary and capricious” review is “highly deferential” and “presumes the agency’s action to be valid”
- explaining that the “highly deferential” arbitrary and capricious standard “mandates judicial affirmance if a rational basis for the agency’s decision is presented ... even though we might otherwise disagree”
- rejecting challenge which argued that EPA had unreasonably “fail[ed] to propose revised or new water quality standard,”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tamm, Robinson, Wood, Seventh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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