ELR Citation: ELR 20634
No(s). s. 72-1628 et al (6th Cir. Jun 28, 1973)

The Administrator of the Environmental Protection Agency must accept evidence from interested parties before approving air pollution abatement plans under the Clean Air Act. The Administrator is not required to hold a full-scale evidentiary hearing and the record need not include transcripts of the public hearings. Claims of technological impossibility also need not be considered since they may be asserted as a defense to federal or state enforcement proceedings. No NEPA statement is required for approval of a state implementation plan. The approval of plans submitted by Ohio and Kentucky is vacated. See Comment, Litigation Under the Clean Air Act, 3 ELR 10007 (Mar. 1973).

Counsel for Petitioners
Leslie Henry
Fuller, Henry, Hodge and Snyder
12th Floor, Edison Plaza
300 Madison Ave.
Toledo, OH 43604

Counsel for Respondent
Kent Frizzell Assistant Attorney General
Edmund B. Clark Attorney
U.S. Department of Justice
Washington, DC 20530