ELR Citation: ELR 21047
No(s). s. C89-2044 TEH, -2064 TEH (N.D. Cal. Mar 5, 1990)

The court holds that a citizens group has standing under the Clean Air Act to sue California for failing to meet the state implementation plan (SIP) levels for ozone and carbon monoxide in the Bay Area Air Quality Management District (District), and that California is mandated by the SIP to enact contingency measures. The court first holds that plaintiffs have standing to enforce provisions of the SIP concerning control plans for four stationary sources and contingency provisions for stationary sources and the transportation sector. Each claim involves a challenge to an emission standard limitation, which is broadly defined as any type of control to reduce emissions. The court holds the District liable for failing to adopt and implement control measures for consumer solvents, pesticides, reciprocating engines, and large commercial bakeries. The court holds that the state is not liable for violation of the contingency provisions for stationary sources. The SIP does not specify how many contingency measures were to be implemented and does not explicitly require enactment of contingency measures sufficient to meet the standards for stationary sources. The court holds the Metropolitan Transportation Commission liable for failing to implement a transportation contingency plan. The court establishes a timetable for the state to comply with its 1982 SIP.

Counsel for Plaintiffs
Ephraim Margolin, Nicholas C. Arguimbau, Robert M. Teets Jr., Howard N. Ellman
Ellman, Burke, Hoffman & Johnson
One Ecker Bldg., Ste. 200, Ecker & Stevenson Sts., San Francisco CA 94105
(415) 777-2727

Steven M. Woodside, County Counsel; Robert A. Weers, Deputy Office of County Counsel
71 W. Hedding St., 9th Fl., East Wing, San Jose CA 95110
(408) 299-2111

Counsel for Defendants
Charlotte Uram, Robert L. Hines
Landels, Ripley & Diamond
450 Pacific Ave., San Francisco CA 94133
(415) 788-5000

David P. Novello
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 382-7730

Robert D. Wyatt, David D. Cooke, Kimberly M. McMorrow
Brobeck, Phleger & Harrison
Spear St. Tower, One Market Plaza, San Francisco CA 94105
(415) 442-0900