United States Steel Corporation v. United States Environmental Protection Agency

1980-03-17

Headline: Court denies review, leaving EPA’s quick listing of nonattainment areas in place and keeping Lake County industries subject to strict air-quality controls while procedural fights continue nationwide.

Holding: The petition for a writ of certiorari is denied, leaving the lower court’s decision upholding EPA’s immediate designation of Lake County as effective.

Real World Impact:

Leaves EPA's list in place, keeping Lake County industries under stricter pollution limits.
Creates risk that companies face different procedural protections depending on the appeals circuit.
Allows EPA action to stand while after-the-fact comments and further legal challenges continue.

Topics: air quality rules, administrative procedure, environmental regulation, industry compliance

Summary

Background

The dispute involves industrial companies with facilities in Lake County, Indiana, and the Environmental Protection Agency (EPA). Congress passed the Clean Air Act Amendments of 1977, which set deadlines for states to list areas that failed air-quality standards and for EPA to compile a national list. States were to use that list to impose controls by January 1, 1979. EPA published its national list on March 3, 1978, said the designations were immediately effective, and explained it had "good cause" to skip the usual advance notice-and-comment process but invited after-the-fact comments by May 2, 1978. The companies sued, arguing EPA violated the Administrative Procedure Act by not following notice-and-comment rules.

Reasoning

The Seventh Circuit rejected the companies’ challenge for two reasons: it found EPA had good cause to bypass advance notice and it read a provision of the Clean Air Act to require a very high showing before procedural errors would undo EPA’s action. Other appeals courts reached opposite conclusions, finding no good-cause excuse. The Supreme Court declined to review the conflict, so the Seventh Circuit’s decision stands. Justice Rehnquist dissented from the denial and said the Court should have taken the case because the conflict and the recurring deadlines make the issue important.

Real world impact

Because the high court refused to hear the case, EPA’s March 1978 list remains effective as to Lake County for now, which keeps industry subject to stricter local controls. The denial leaves unresolved circuit splits, meaning businesses and states in different regions may have different procedural protections. This decision is not a final ruling on the merits and could change if the Court later takes a similar case.

Dissents or concurrances

Justice Rehnquist, joined by two colleagues, would have granted review to resolve the conflict and the risk that tight deadlines prevent meaningful judicial review.