opinion: FRI, ACTING ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY v. SIERRA CLUB et al.
  No. 72-804.
  Argued April 18, 1973
  Decided June 11, 1973
  Deputy Solicitor General Wallace argued the cause for petitioner. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Frizzell, Harriet S. Shapiro, Edmund B. Clark, and Martin Green.
  Bruce J. Terris argued the cause for respondents. With him on the brief were Helen C. Needham, Nathalie Vayssie Black, and James W. Moorman.
  Briefs of amici curiae urging reversal were filed by Mark Wilmer, Rex E. Lee, Gary K. Nelson, Attorney General, J. A. Hughes, John Conway, William Duncan, Gordon Pearce, Richard G. Campbell, Lawrence V. Robertson, Jr., and Donald E. Dickerman for the State of Arizona and Ten Named Public Utilities; by Andrew P. Miller, Attorney General, and C. Tabor Cronk, Assistant Attorney General, for the Commonwealth of Virginia; by Milton A. Smith and Stanley W. Schroeder for the Chamber of Commerce of the United States; by Cameron F. MacRae, G. S. Peter Bergen, and Henry V. Nickel for the Edison Electric Institute; and by Edward A. McCabe, Laurence P. Sherfy, and David W. Miller for the American Mining Congress.
  Briefs of amici curiae urging affirmance were filed by Evelle J. Younger, Attorney General, pro se, Robert H. O’Brien, Assistant Attorney General, and Nicholas C. Yost, Anthony M. Summers, and C. Foster Knight, Deputy Attorneys General, for the Attorney General of California; by William J. Scott, Attorney General, Fred F. Herzog, First Assistant Attorney General, and Harvey M. Sheldon, Assistant Attorney General, for the State of Illinois; by Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Jerome Maslowski, Stewart H. Freeman, and Charles S. Alpert, Assistant Attorneys General, for the State of Michigan, joined by Warren Spannaus, Attorney General, and Curtis D. Forslund, Solicitor General, for the State of Minnesota; by Louis J. Lejkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Philip Weinberg and James P. Corcoran, Assistant Attorneys General, for the State of New York; by John L. Hill, Attorney General, Larry F. York, First Assistant Attorney General, and Mike Willatt, Phil Maxwell, and Troy C. Webb, Assistant Attorneys General, for the State of Texas; by David L. Norvell, Attorney General, for the State of New Mexico, joined by the Attorneys General for their respective States as follows: William J. Baxley of Alabama, Robert Killian of Connecticut, Robert L. Shevin of Florida, Vern Miller of Kansas, William J. Guste, Jr., of Louisiana, Jon A. Lund of Maine, Robert H. Quinn of Massachusetts, Louis J. Lejkowitz of New York, Robert Morgan of North Carolina, William J. Brown of Ohio, Lee L. Johnson of Oregon, Israel Packel of Pennsylvania, Kermit A. Sande of South Dakota, John L. Hill of Texas, and Kimberley B. Cheney of Vermont; by Norman Redlich for the cities of New York and Boston; by Aljred S. Forsyth for the Association of the Bar of the city of New York; by David H. Getches for the Jicarilla Apache Tribe of Indians et ah; and by Neal A. Jackson, and James F. Bromley for Natural Resources Defense Council, Inc., et al.
  Per Curiam.
  The judgment is affirmed by an equally divided Court.
  Mr. Justice Powell took no part in the decision of this case.
choices: antitrust (except in the context of mergers and union antitrust) mergers bankruptcy (except in the context of priority of federal fiscal claims) sufficiency of evidence: typically in the context of a jury's determination of compensation for injury or death election of remedies: legal remedies available to injured persons or things liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action. liability, other than as in sufficiency of evidence, election of remedies, punitive damages liability, punitive damages Employee Retirement Income Security Act (cf. union trust funds) state or local government tax state and territorial land claims state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation) federal or state regulation of securities natural resources - environmental protection (cf. national supremacy: natural resources, national supremacy: pollution) corruption, governmental or governmental regulation of other than as in campaign spending zoning: constitutionality of such ordinances, or restrictions on owners' or lessors' use of real property arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration) federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts patents and copyrights: patent patents and copyrights: copyright patents and copyrights: trademark patents and copyrights: patentability of computer processes federal or state regulation of transportation regulation: railroad federal and some few state regulations of transportation regulation: boat federal and some few state regulation of transportation regulation:truck, or motor carrier federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline) federal and some few state regulation of transportation regulation: airline federal and some few state regulation of public utilities regulation: electric power federal and some few state regulation of public utilities regulation: nuclear power federal and some few state regulation of public utilities regulation: oil producer federal and some few state regulation of public utilities regulation: gas producer federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline) federal and some few state regulation of public utilities regulation: radio and television (cf. cable television) federal and some few state regulation of public utilities regulation: cable television (cf. radio and television) federal and some few state regulations of public utilities regulation: telephone or telegraph company miscellaneous economic regulation