ELR Citation: ELR 20129
No(s). 4597 (D. Del. Dec 12, 1973)

The citizens suit provision (§1857h-2) of the Clean Air Act does not authorize the payment of compensatory damages to an environmental group for injuries to its members from sulfur dioxide emissions in excess of allowable concentrations prior to EPA approval of a one-year variance in a state implementation plan's compliance schedule. Since the suit is not brought as a class action, such an award would constitute forced contributions from injured members to the group and would not protect the defendant from future suits by individual members. The district court also rules that it lacks jurisdiction to consider plaintiff's challenge to EPA's approval of the delay since such action constitutes revision of the state implementation plan, review of which, under the provisions of the Act, lies exclusively in the circuit courts. Plaintiff's claims for damages and a preliminary injunction are denied; defendant's motion for summary judgment is granted.

Counsel for Plaintiff
Jacob Kreshtool
John S. Grady
Bader, Dorsey & Kreshtool
1102 West Street
Wilmington, DE 19801

Counsel for Defendant
Arthur G. Connolly, Jr.
Connolly, Bove & Lodge
18th Floor Farmers Bank Building
Wilmington, DE 19899

John T. Ronan, III
Stauffer Chemical Company
Westport, CT 06880

Robert L. Ackerly
Sellers, Conner & Cuneo
1625 K Street, NW
Washington, DC 20006