ELR Citation: ELR 20024
No(s). C-4362 (D. Colo. Dec 19, 1972)

The district court affirms its own jurisdiction and preliminarily enjoins the Environmental Protection Agency (EPA) from promulgating a Clean Air Act emission standard contained in a state implementation plan. The court rules that Anaconda is entitled to a trial type hearing because the standard applies only to its operations and is based solely upon adjudicative facts. The court holds that EPA is obliged to prepare an environmental impact statement before promulgating a Clean Air Act state plan since the National Environmental Policy Act (NEPA) is applicable to all federal agencies.

Counsel for Plaintiffs
Harry L. Hobson
Robert T. Connery
R. Brooke Jackson
Holland & Hart
500 Equitable Building
Denver, Colorado 80202

Counsel for Defendants
Charles W. Johnson Assistant U.S. Attorney
U.S. Courthouse
Denver, Colorado

James Glascow
Department of Justice
10th and Pennsylvania Avenue, NW
Washington, D.C.