ELR Citation: ELR 20894
No(s). 73-282 WPC (D. Ariz. Jun 25, 1973)

Under the language of §307 of the Clean Air Act, a federal district court lacks jurisdiction to hear claims that EPA, in promulgating an implementation plan pursuant to §110 (c) of the Act, denied plaintiff power company due process, inversely condemned its property, and failed to comply with NEPA. The Congress intended that only mandamus actions against EPA for failure to act under the CAA should fall within the district courts' jurisdiction; challenges to EPA action in promulgating plans under the Act find their proper forum in the U.S. Circuit Courts of Appeals. Although there is some authority for the view that questions regarding the necessity of an EIS are more appropriately reviewed by a district court, the NEPA claims in this case are not "irremediable by the statutorily-prescribed method of review," and should follow that course.

Counsel for Plaintiffs
Bruce Norton
John Bouma
Kenneth R. Reed
Jon L. Kyl
Leroy Michael
Snell & Wilmer
243 N. Central, Suite 3100
Phoenix, Arizona 85073

Counsel for Defendants
James A. Glasgow
Department of Justice
Washington, DC 20530

Richard S. Allemann Asst. U.S. Attorney
Rm. 5000 Federal Building
Phoenix, Arizona 85025