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Portland Cement Association v. Ruckelshaus

United States Court of Appeals for the District of Columbia Circuit

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

Relevant factsFree

The EPA (defendant, led by Administrator Ruckelshaus) proposed emissions performance standards for cement plants under the Clean Air Act, disclosing only a brief summary of test results without the test-site details or methodology, and had to finalize the rule within 90 days of the proposal; while the Portland Cement Association's (plaintiff) petition for review was pending, the EPA disclosed additional information about the original testing and a second round of testing that had actually occurred during the public comment period.

IssueFree

Whether a federal agency must disclose the data on which it relied in promulgating rules to permit meaningful public comment.

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