ELR Citation: ELR 20292
No(s). 1944-73 (D.D.C. Jan 2, 1974)

The court refuses to revoke the building permits and enioin further construction of two complexes of offices, shops, and parking garages for which permits were granted and construction begun after the effective date of the District of Columbia Implementation Plan but prior to promulgation of its revised indirect sources review provision. Plaintiffs have failed to demonstrate the likelihood of success on the merits of their claim that the Clean Air Act requires defendants to conduct an air quality impact analysis to ensure that air pollution associated with the increased automobile traffic generated by the two new projects will not interfere with the attainment and maintenance of primary air quality standards in the District of Columbia that will become effective in 1977. In ruling on the question of whether the two sources will prevent the expeditious attainment of these standards and are thereby presently in violation of the Act, the court defers to the administrative judgment of EPA, as evidenced in a determination that retroactive application of the indirect sources review procedures to projects such as these was both inequitable and unnecessary to air quality. The court notes that in the absence of a nuisance that poses immediate and irreparable harm to plaintiffs, the question of whether the standards will indeed be exceeded by 1977 must be left for trial.

Counsel for Plaintiffs
Bruce J. Terris
Suellen T. Keiner
1908 Sunderland Place, NW
Washington, DC 20036

Counsel for Defendants
John C. Salyer Asst. Corporation Counsel
14th and E Streets, NW
Washington, DC 20004

Burton A. Schwalb
Arent, Fox, Kintner, Plotkin & Kahn
1100 Federal Bar Building
1815 H Street, NW
Washington, DC 20006

Charles J. Steele
Whiteford, Hart, Carmody & Wilson
815 15th Street, NW
Bowen Building
Washington, DC 20005