United States DC Circuit

The Safe Drinking Water Act, requiring the EPA to promulgate national primary drinking water regulations, is a valid exercise of power under the Commerce Clause, based on interstate sales.

Appellate Information

• Argued 04/15/2003
• Decided 06/20/2003
• Published 06/20/2003

Judges

• Before:  EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jon C. Bruning, Attorney General for the State of Nebraska, argued the cause for petitioners.   With him on the briefs were Donald B. Stenberg, Attorney General at the time the briefs were filed, Jodi M. Fenner, Assistant Attorney General, Leo P. Dobrovolny, Jr., Sam Kazman, and Ben C. Lieberman., Erik D. Olson argued the cause for intervenor Natural Resources Defense Council.   With him on the brief was Aaron Colangelo.


• For Appellees:
  
• J. Steven Rogers, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was Caroline H. Wehling, Assistant General Counsel.  John C. Cruden, Assistant Attorney General, entered an appearance.