444 U.S. 1035 (1980)

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U.S. Supreme Court

U.S. STEEL CORP. v. U.S. E.P.A , 444 U.S. 1035 (1980)

444 U.S. 1035

No. 79-486

Supreme Court of the United States

January 14, 1980

Rehearing Denied March 17, 1980.

See 445 U.S. 939.

On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice REHNQUIST, with whom Mr. Justice WHITE and Mr. Justice POWELL join, dissenting.

On L. 95-95, 91 Stat. 685. These

Page 444 U.S. 1035 , 1036

amendments required compliance by 1982 with various ambient air quality standards promulgated earlier by the United States Environmental Protection Agency (EPA). Under the amendments, the States were to submit to EPA a list of "nonattainment areas," i. e., those regions measured as not complying with EPA's standards. The deadline for this submission was December 5, 1977. EPA was then to promulgate a composite list of nonattainment areas by February 3, 1978. Finally, the States were to rely upon EPA's list in formulating "State Implementation Plans" by January 1, 1979. According to the amendments, these plans were to impose certain stringent restrictions upon industries located in regions designated as nonattainment areas.

Both petitioners have facilities located in Lake County, Ind., which was included in the list of nonattainment areas submitted by the State of Indiana to EPA on December 5, 1977. EPA promulgated its list, which included Lake County, on March 3, 1978. At the same time, EPA announced that the designations were immediately applicable and effective. In explaining its failure to promulgate the list as a proposed rule and to comply with the notice-and-comment provisions of the Administrative Procedure Act, 5 U.S.C. 553, EPA asserted that it had "good cause" to dispense with the requirements as provided in 5 U.S.C. 553(b)(B) and 553(d)(3). In particular it cited the need to give the States immediate guidance on the location of nonattainment areas so that those States could meet the deadline of January 1, 1979, for their implementation plans. EPA did solicit after-the-fact comments, due by May 2, 1978, and subsequently amended its list in certain respects not relevant here.

Petitioners brought the present action for review in the United States Court of Appeals for the Seventh Circuit, claiming, inter alia, that EPA's designation of Lake County as a nonattainment area was "not in accordance with law" under the APA because of EPA's failure to follow the notice-and- [444 U.S. 1035 , 1037]

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