Cluster 463777

Bethlehem Steel, 782 F.2d at 655-56 (review “will require the compilation of a new administrative record”); Natural Resources Defense Council, Inc. v. Train, 519 F.2d at 291 (“[T]he Administrator had not filed the entire administrative record with the court.”). -13- (1980) (rejecting attempt to distinguish challenge to EPA veto of a state permit from a challenge to EPA issuance of a permit).

Bethlehem Steel, 782 F.2d at 655-56 (review "will require the compilation of a new administrative record"); Natural Resources Defense Council, Inc. v. Train, 519 F.2d at 291 ("[T]he Administrator had not filed the entire administrative record with the court.") 9 Although the statutory scheme in Environmental Defense Fund v. NRC did not contain a bifurcated system of judicial review, that fact is irrelevant.

See Abramowitz v. EPA, 832 F.2d 1071, 1076 (9th Cir.1987); Bethlehem Steel, 782 F.2d at 655, 657 (finding that there was no jurisdiction in the court of appeals because the citizens group had no complaint with the final action taken and did not seek to vacate it or bar its enforcement).

The court notes, however, that it is improper “for even the district court to take evidence designed to lay a factual basis for (or against) the agency’s action”; a district court only has “the authority ... to compile a record limited to reconstructing, as distinct from supporting or refuting, the agency’s reasoning process.” Bethlehem Steel, supra, at 656.

See Bethlehem Steel Corporation v. EPA, 782 F.2d 645 , 649 (7th Cir.1986) ("[E]ven if wrong there was, [it would] be a poor exercise of our equitable remedial discretion....

See Bethlehem Steel Corp. v. EPA, 782 F.2d 645 , 652 (7th Cir.1986); Shavell, Strict Liability versus Negligence, 9 J.

See, e.g., Bethlehem Steel Corp. v. EPA, 782 F.2d 645 , 660 (7th Cir.1986); Indiana & Michigan Electric Co. v. EPA, 733 F.2d 489, 491 (7th Cir.1984); Kamp v. Hernandez, 752 F.2d 1444, 1454 , amended, 778 F.2d 527 (9th Cir.1985).