ELR Citation: ELR 20310
No(s). 72-1733 (4th Cir. Apr 11, 1973)

The Administrator of the Environmental Protection Agency is not required to furnish a hearing pursuant to the Administrative Procedure Act (APA) before he approves a state implementation plan under the Clean Air Act if (1) the petitioners were afforded a full opportunity to be heard at an adequate state hearing, and (2) the Administrator, in the course of his own evaluation of the state plan, reviewed the state hearing record. The Clean Air Act omits any mention of a hearing before the Administrator and the Act as a whole demonstrates congressional desire for expeditious action; in view of these factors, an adequate state hearing alone would satisfy due process. Before the court may review the Administrator's actions in this case, it must know his reasons for acting as he did and must have before it the full administrative record, including expert opinions, transcripts of state hearings and technological data. The Administrator is directed to certify the full record to the court. The petitioners' motion for a remand is denied without prejudice.

An environmental impact statement under NEPA is not required for the Administrator's action in approving a state implementation plan since his action seeks to improve the quality of the human environment.

Counsel for Petitioners
H. Edward Dunkelberger, Jr.
Theodore L. Garrett
Covington & Burling
888 Sixteen Street, NW
Washington, DC 20006

Charles C. Wise, Jr.
Thomas C. Damewood
McClintic, James, Wise & Robinson
316 Charleston National Plaza
Charleston, West Virginia 25323

H. Vernon Eney
Thomas P. Perkins
Anthony M. Carey
Robert G. Smith
Venable, Baetjer & Howard
1800 Mercantile Bank & Trust Building
Baltimore, Maryland 21202

Robert F. Brooks
Hunton, Williams, Gay & Gibson
P.O. Box 1535
700 East Main Street
Richmond, Virginia 23212

Counsel for Respondent
Kent Frizzell Assistant Attorney General
James R. Moore
James A. Glasgow
Edmund B. Clark
Martin Green
Department of Justice
Washington, DC 20530