ELR Citation: ELR 20613
No(s). 72-1548 (3d Cir. Jun 21, 1973)

Judicial review of the merits of a decision by the Administrator of the Environmental Protection Agency to approve Delaware's air pollution implementation plan under the Clean Air Act is limited to an examination of whether the relevant factors were considered and whether there was a clear error in judgment. Although the Act requires the attainment of primary air quality standards as expeditiously as possible, land use and transportation controls are not required if the standards can be attained without them. The Administrator's approval of Delaware's plan is affirmed. See Comment, Litigation Under the Clean Air Act, 3 ELR 10007 (March 1973).

Counsel for Petitioners
Jacob Kreshtool
Bader, Dorsey, and Kreshtool
1102 West St.
Wilmington, DE 19801

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