United States DC Circuit

A final agency rule that is a logical outgrowth of the proposal does not require an additional round of notice and comment, even if the final rule relies on data submitted during the comment period, and imperfections of scientific and commercially available data do not violate 16 USC 1533(b)(1)(A).

Appellate Information

• Argued 04/09/2001
• Decided 05/08/2001
• Published 05/08/2001

Judges

• Before:  SENTELLE and HENDERSON, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lawrence R. Liebesman argued the cause for appellants.   With him on the briefs was Rafe Petersen., Robin L. Rivett and Anne M. Hayes were on the brief for amici curiae Pacific Legal Foundation, et al., in support of appellants.  Reed Hopper entered an appearance.


• For Appellees:
  
• Elizabeth Ann Peterson, Attorney, United States Department of Justice, argued the cause for the federal appellees.   With her on the brief were John Cruden, Deputy Assistant Attorney General, and Ellen J. Durkee, Attorney., Neil Levine argued the cause and filed the brief for the non-federal appellees.