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· 5/19/1980

National Lime Association v. Environmental Protection Agency and Douglas M. Costle, Administrator of Environmental Protection Agency

Citations

  • 627 F.2d 416
  • 200 U.S. App. D.C. 363
  • 10 Envtl. L. Rep. (Envtl. Law Inst.) 20366
  • 14 ERC (BNA) 1509
  • 1980 U.S. App. LEXIS 17460

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing variability in the performance of emission controls such as bag-houses, ESPs, scrubbers, feed materials, and types of fuel
  • “[A]n initial burden of promulgating and explaining a non- arbitrary, non-capricious rule rests with the [a]gency.”
  • “[W]e think an initial burden of promulgating and explaining a non-arbitrary, non-capricious rule rests with the Agency....”
  • “[T]he standard of ordinary civil litigation, a preponderance of the evidence, demands only 51% cer- tainty.” (quoting Ethyl Corp. v. EPA, 541 F.2d 1, 28 n.58 (D.C. Cir. 1976)

Source: CourtListener parenthetical corpus (CC0).

Judges: Tamm, Wald, Greene

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.