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U.S. Steel Corp. v. EPA

Citation: 10 ELR 20081
No. No. 79-486, 444 U.S. 1035/13 ERC 2103/(U.S., 01/14/1980) Cert. denied

The Supreme Court denies a petition for a writ of certiorari and thereby refuses to review a Seventh Circuit decision, 9 ELR 20560, that the Environmental Protection Agency (EPA) properly invoked the good cause exemption in dispensing with prior notice and comment under § 553 of the Administrative Procedure Act (APA) in promulgating final non-attainment designations under the Clean Air Act. The court of appeals also ruled that reversal of EPA's action for such a procedural violation was in any event precluded by the harmless error provision in § 307(d)(9)(D) of the latter Act.

In a dissent from the denial of certiorari, Justice Rehnquist, with whom Justices White and Powell join, contends that the Court should hear the case to resolve a conflict among the circuits regarding application of the APA good cause exemption and to review the lower court's expansive reading of the Clean Air Act's harmless error provision.

Counsel for Petitioner
Jay A. Lipe, James T. Harrington, Lawrence A. McHugh, Dixie L. Laswell
Rooks, Pitts, Fullagar & Poust
1 Canal Center, 430 W. Randolph St., Chicago IL 60606
(312) 372-5600

Counsel for Respondent
Raymond W. Mushal
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2773