ELR Citation: ELR 20144
No(s). 75-3670 (9th Cir. Dec 28, 1977)

The court denies the Environmental Protection Agency's (EPA's) petition for rehearing in a case in which several aspects of the Agency's disapproval of the Idaho air quality implementation plan were invalidated, but clarifies several points in its earlier opinion, 7 ELR 20681. The court notes that §301 of the Clean Air Act Amendments of 1977 leaves no doubt that state implementation plans must require the use of constant emission controls, and emphasizes that its ruling does not reach the issue of whether the EPA Administrator must consider the economic feasibility of mandated control measures. The court's decision is limited to remanding the case for further consideration of the technological feasibility of the proposed EPA standards, and does not focus upon the issue of whether the Agency bears the burden of showing that a specific control technology is feasible. The Agency is directed to enter a final order in this matter within six months.

Counsel for Bunker Hill Co.
Edwin H. Seeger
Prather, Seeger, Doolittle, Farmer & Ewing
1101 16th St. NW, Washington DC 20036
(202) 296-0500

Counsel for Environmental Protection Agency
Jerome Ostrov
Office of General Counsel
Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 755-2500

Before SNEED and KENNEDY, Circuit Judges, and POOLE,^* District Judge.