Ex parte comments in 1976 the environmental protection


Question: Ex Parte Comments. In 1976, the Environmental Protection Agency (EPA) proposed a rule establishing new standards for coal-fired steam generators. The agency gave notice and received comments in the manner prescribed by the Administrative Procedure Act. After the public comments had been received, the EPA received informal comments from members of Congress and other federal officials. In 1979, the EPA published its final standards. Several environmental groups protested these standards, arguing that they were too lax. As part of this protest, the groups complained that political influence from Congress and other federal officials had encouraged the EPA to relax the proposed standards. The groups went on to argue that the ex parte comments of the government officials were themselves illegal or that the comments should at least have been summarized in the record. What will the court decide? Discuss fully. [Sierra Club v. Costle, 657 F.2d 298 (D.C.Cir. 1981)]

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