Hercules, Inc. v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
598 F.2d 91 (1978)
The Clean Water Act (CWA) required the Environmental Protection Agency (EPA) (defendant) to issue a final decision in a rulemaking within a certain amount of time. The EPA changed its procedural regulations to allow the presiding officer in rulemaking proceedings to discuss the proceeding with other EPA staff before issuing a final decision. Under these new procedural regulations, the EPA opened a rulemaking and proposed regulations restricting the discharge of certain toxic substances into waterways. Upon the close of the record in the proceeding, the presiding officer had approximately two months within which to issue a final decision under the CWA. The record contained thousands of pages from a variety of technical sources. The presiding officer consulted with other EPA staff before issuing final regulations in the proceeding. Hercules Inc. (plaintiff) brought suit challenging the regulations on the ground that the presiding officer violated the Administrative Procedure Act’s (APA) prohibition on ex parte communications by consulting other EPA staff.
Rule of Law
Holding and Reasoning (Tamm, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.