ELR Citation: ELR 20154
No(s). 72-1148 (D.C. Cir. Feb 8, 1973)

Holding that the Securities and Exchange Commission (SEC) exercised permissible discretion in declining to grant immediate approval of the petitioners' rulemaking request, the court dismisses the case. The court, however, declines to decide whether the SEC has improperly delayed in carrying out its responsibility under the National Environmental Policy Act or whether it has improperly interpreted the Act, stating these issues may be brought before the district court.

Counsel for the Plaintiffs
Roger S. Foster
Charles R. Halpern
Center for Law & Social Policy
1751 N Street, NW
Washington, DC 20036

J. G. Speth
Edward L. Strohbehn Jr.
Natural Resources Defense Council
1710 N Street, NW
Washington, DC 20036

Counsel for Defendant
David Ferber Solicitor, Securities and Exchange Commission
Harvey L. Pitt
John Milton Turner
Securities and Exchange Commission
Washington, DC 20001