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Nader v. Schlesinger

ELR Citation: 10 ELR 20312
Nos. No. DC-59, 609 F.2d 494/13 ERC 1766/(Temp. Emer. Ct. App., 10/14/1979)

The court affirms a district court decision upholding the adequacy of an environmental impact statement (EIS) prepared by the Department of Energy (DOE) concerning promulgation of the "tilt" rule, a mechanism for adjusting the price of gasoline. After issuing the regulation once and then withdrawing it, DOE reissued the regulation accompanied by an EIS. Appellants challenged the adequacy of the EIS' examination of environmental impacts as well as the factual support for the conclusion that the regulation would have no significant environmental effects. Ruling that the standard of review of the EIS is whether it is reasonable and not arbitrary and capricious, the court agrees with the lower court that the conclusions in the EIS had a rational basis and affirms.

The full text of this opinion is available from ELR (7 pp. $1.25, ELR Order No. C-1211).

Counsel for Appellants
Diane B. Cohn, William B. Schultz
Public Citizen Litigation Group
2000 P St. NW, Washington DC 20036
(202) 785-3704

Counsel for Appellees
Larry A. Boggs, Sanford Sagalkin, Dirk D. Snel, C. David Redmon, Gary W. Wilburn
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2956

Per curiam.