Opinion

Environmental Protection Agency v. Brown

  • 431 U.S. 99
  • 7 Envtl. L. Rep. (Envtl. Law Inst.) 20375
  • 9 ERC (BNA) 2074
  • 97 S. Ct. 1635
  • 52 L. Ed. 2d 166
Court
Supreme Court of the United States
Filed
May 2, 1977
Status
Published
Author
Stevens
On the bench
Stevens
Cited by
78 cases

declining to pass on challenged regulations when “the federal parties have not merely renounced an intent to pursue certain specified regulations; they now appear to admit that those remaining in controversy are invalid unless modified in certain respects”

How later courts described this case

  • declining to pass on challenged regulations when “the federal parties have not merely renounced an intent to pursue certain specified regulations; they now appear to admit that those remaining in controversy are invalid unless modified in certain respects”
  • most courts will not "undertake review before rules have been adopted"
  • barring Communist Party members from offices in labor unions
  • “The reception of comments after all the crucial decisions have been made is not the same as permitting active and well prepared criticism to be- come a part of the decision-making process.”

Written by the judges who cited it.

The opinion

Mr. Justice Stevens,

dissenting.

The action the Court takes today is just as puzzling as the federal parties’ position. Unless and until the Environmental Protection Agency rescinds the regulations in dispute, it is perfectly clear that the litigation is not moot. Moreover, an apparent admission that those regulations are invalid unless modified is not a proper reason for vacating the Court of Appeals judgments which invalidated the regulations.

If the Court is satisfied that the EPA Administrator will modify the regulations regardless of the outcome of the litigation, the writs of certiorari should be dismissed as improvidently granted. On the other hand, if the survival of the regulations is dependent on our disposition of these cases, we should address the merits and resolve the issues which have been fully briefed and argued. By vacating the judgments below, the Court hands the federal parties a partial victory as a reward for an apparent concession that their position is not supported by the statute. I respectfully dissent.-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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