Portland Cement Association v. Ruckelshaus

486 F.2d 375 (D.C. Cir. 1973)

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Nature of the Case

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Facts

Section 111 of the Clean Air Act directs D to promulgate 'standards of performance' governing emissions of air pollutants. D designated cement plants as a stationary source of air pollution which may 'contribute significantly to air pollution which causes or contributes to the endangerment of public health or welfare,' under Section 111 (b)(1)(A) of the Act. D published a proposed regulation establishing standards of performance for Portland cement plants. The notice provided a synopsis of test results for the standards but left out all the details of who, what, when, where, and how. D issued the regulations, and Ps appealed. Ps challenged the final regulations because D had not complied with the National Environmental Policy Act of 1969 (NEPA), economic costs were not adequately taken into account and unfairly discriminated against Portland Cement Plants, and the achievability of the standards was not adequately demonstrated. D then published a 'Supplemental Statement in Connection With Final Promulgation,' amplifying the justification for its standards and indicating that it had been prompted by the action of this court in Kennecott Copper Corp. v. E.P.A. to offer 'a more specific explanation of how D had arrived at the standard.' D stated that the standards were based on testing with a particular filter. Another disclosure was issued shortly thereafter detailing the specifics of the original testing and also that subsequent testing was conducted during the comment period.