National-Southwire Aluminum Co. v. United States Environmental Protection Agency’s Empirical Analysis
838 F.2d 835 · 1988
Citation profile
8 federal appellate · 1 district ·
How this case has been cited
Cited by 15 later decisions — most recently August 2003
8 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 7411 · 42 U.S.C. § 7607 · 5 U.S.C. § 706
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Citizens to Preserve Overton Park, Inc. v. Volpe · Udall v. Tallman · Red Lion Broadcasting Co. v. Federal Communications Commission · Bowles v. Seminole Rock & Sand Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purpose of the 'modification' rule is to ensure that pollution control measures are undertaken when they can be most effective, at the time of new or modified construction. See 116 Cong.Rec. 32,918. (remarks of Sen. Cooper), reprinted in 1 Senate Committee on Public Works, A Legislative History of the Clean Air Act Amendments of 1970 (1974), at 260.”
2 later decisions quote this exact passage · from the dissent“Our standard of review is a deferential one that presumes the validity of agency action. Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 415-16 [ 91 S.Ct. 814, 823-24 , 28 L.Ed.2d 136 ] (1971). The EPA determination under review in this case hinges on the interpretation of section 111 of the Clean Air Act and of the EPA’s regulations implementing that section. The Supreme Court has established a two-step procedure for judicial review of statutory construction by an administrative agency. “First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter_” Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842 , 104 S.Ct. 2778, 2781 , 81 L.Ed.2d 694 (1984). If, however, “the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.” Id. at 843 , 104 S.Ct. at 2782 (footnote omitted). “[A] court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” Id. at 844 , 104 S.Ct. at 2782 (footnote omitted). This court has recognized the mandate of the Supreme Court that “ ‘great deference’ be accorded the ‘interpretation given [a] statute by the officers or agency charged with its administration.’ ” McCown v. Secretary of HHS, 796 F.2d 151, 157 (6t”
1 later decision quote this exact passage · from the majority“... a major purpose of the Clean Air Act [is] to prevent or minimize any increases in existing levels of pollution. This philosophy is embodied in 42 U.S.C. § 7411 (b), which authorizes a system of nationally uniform emission standards that apply to both newly-constructed sources of pollution and to existing sources that increase their emissions. ASARCO, Inc. v. EPA, 578 F.2d 319 , 321-22 (D.C.Cir.1978). This purpose was unequivocally expressed by Congress. “The maximum use of available means of preventing and controlling air pollution is essential to the elimination of new pollution problems while cleaning up existing sources.” S.Rep. No. 1196, 91st Cong., 2d Sess. at 16, reprinted in 1 Senate Committee on Public Works, A Legislative History of the Clean Air Act Amendments of 1970, at 416. “[T]he emission standards shall provide that sources of such emissions shall be designed and equipped to prevent and control such emissions to the fullest extent compatible with the available technology and economic feasibility.” H.R.Rep. No. 1146, 91st Cong., 2d Sess., at 10, reprinted in 1970 U.S.Code Cong. & Admin. News 5356, 5365. (Emphasis added).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.