# Environmental Protection Agency v. Brown

> Supreme Court of the United States · May 2, 1977 · 431 U.S. 99

URL: https://www.frixlaw.com/law-library/cases/9426778

## Case

- **Full name:** ENVIRONMENTAL PROTECTION AGENCY v. BROWN, GOVERNOR OF CALIFORNIA, Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** May 2, 1977
- **Citations:** 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; 1977 U.S. LEXIS 15
- **Precedential status:** Published
- **Opinion:** Dissent by Stevens
- **Judges:** Stevens
- **Cited by:** 78 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9426778

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.-

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9426778. Public record. Not legal advice.