Fri v. Sierra Club

Decision Date11 June 1973
Docket NumberNo. 72-804,72-804
Citation93 S.Ct. 2770,37 L.Ed.2d 140,412 U.S. 541
PartiesRobert W. FRI, Acting Administrator of the Environmental Protection Agency, petitioner, v. SIERRA CLUB et al
CourtU.S. Supreme Court

Lawrence G. Wallace, Washington, D.C., for petitioner.

Bruce J. Terris, Washington, D.C., for respondents.

On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit.

PER CURIAM.

The judgment is affirmed by an equally divided Court.

Mr. Justice POWELL took no part in the decision of this case.

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38 cases
  • Alaska Dept. of Environmental Conservation v. Epa, No. 02-658.
    • United States
    • United States Supreme Court
    • January 21, 2004
    ...1972), aff'd per curiam, 4 E. R. C. 1815, 2 Env. L. Rep. 20656 (CADC 1972), aff'd by an equally divided court sub nom. Fri v. Sierra Club, 412 U.S. 541 (1973) (per curiam). 3. The PSD program also requires visibility control measures, 42 U.S.C. §§ 7491-7492, not at issue in this 4. As enact......
  • Philadelphia Council of Neighborhood Organizations v. Coleman, Civ. A. No. 77-180.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • September 12, 1977
    ...F.Supp. 253 (D.D. C.1972), aff'd (per curiam), 4 ERC 1815 (D.C.Cir. 1972), aff'd by an equally divided Court, Fri v. Sierra Club, 412 U.S. 541, 93 S.Ct. 2770, 37 L.Ed.2d 140 (1973). In that case, plaintiffs sought to enjoin the Administrator of the EPA from approving certain portions of sta......
  • City of Highland Park, Ill. v. Train
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 24, 1975
    ...254 (D.D.C.1972), aff'd per curiam, 4 E.R.C. 1815 (D.C.Cir.1972), aff'd by an equally divided Court sub nom., Fri v. Sierra Club, 412 U.S. 541, 93 S.Ct. 2770, 37 L.Ed.2d 140 (1973). In the Sierra Club case the court held, on motion for preliminary injunction, that the Administrator had a no......
  • United States v. State of Wash., Civ. No. 9213—Phase II.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • September 26, 1980
    ...253 (D.D.C.1972), aff'd per curiam, 4 E.R.C. 1815 (D.C.Cir.1972), aff'd by an equally divided Court sub nom., Fri v. Sierra Club, 412 U.S. 541, 93 S.Ct. 2770, 37 L.Ed.2d 140 (1973), 42 U.S.C. §§ 7470-7491 (1980) (re Clear Air Act, 42 U.S.C. § 7401 et seq.); United States Steel Corp. v. Trai......
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7 books & journal articles
  • Preventing Significant Deterioration Under the Clean Air Act: Area Classification, Initial Allocation, and Redesignation
    • United States
    • Environmental Law Reporter No. 41-1, January 2011
    • January 1, 2011
    ...1972), af’d without opinion , 4 Env’t Rep. Cas. (BNA) 1815 (D.C. Cir. 1972), af’d by an equally divided Court sub nom. Fri v. Sierra Club, 412 U.S. 541, 3 ELR 20684 (1973). 17. See 38 Fed. Reg. 18986, 18990-91 (July 16, 1973) (“Air Quality Increment Plan”). he Agency proposed increments for......
  • Prevention of Significant Deterioration: A Scalpel, Not an Axe
    • United States
    • Environmental Law Reporter No. 48-4, April 2018
    • April 1, 2018
    ...Sierra Club v. Ruckelshaus, 4 Env’t Rep. Cas. (BNA) 1815 (D.C. Cir. 1972), af’d by an equally divided court sub nom . Fri v. Sierra Club, 412 U.S. 541, 3 ELR 20684 (1973). 12. Implementation Plans: Prevention of Signiicant Deterioration, 39 Fed. Reg. 42510 (Dec. 5, 1974). 13. Pub. L. No. 95......
  • Fairness in environmental law.
    • United States
    • Environmental Law Vol. 27 No. 3, September - September 1997
    • September 22, 1997
    ...individual trees violated the Act). (65) Sierra Club v. Ruckelshaus, 344 F. Supp. 253 (D.D.C. 1972), aff'd by an equally divided Court, 412 U.S. 541 (1973) (holding regulation permitting states to submit plans allowing air production levels to rise was contrary to Congress' intent in passin......
  • Prevention of Significant Deterioration: A Case for Repeal
    • United States
    • Environmental Law Reporter No. 47-9, September 2017
    • September 1, 2017
    ...(D.D.C. 1972), af’d per curiam , 4 ERC 1815, 2 ELR 20656 (D.C. Cir. 1972), af’d by an equally divided court sub nom. Fri v. Sierra Club, 412 U.S. 541, 3 ELR 20684 (1973). 4. he goals and purpose of the statute are generally understood to explain what is to be achieved by the substantive pro......
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