ELR Citation: ELR 20483
No(s). s. 72-1542, -1543 (3d Cir. Jun 5, 1973)

So that petitioning power companies will not be subject to sanctions under federally approved state Clean Air Act implementation plans before they have had an opportunity either to exhaust their state remedies or to be heard at the federal level, the court instructs EPA either to refrain from imposing penalties on these companies as long as they pursue their state administrative and judicial actions in good faith and with due diligence, or afford the companies a limited legislative hearing. The court further holds that a NEPA impact statement is not required when the EPA Administrator approves state Clean Air Act implementation plans for federal adoption.

Counsel for Petitioners
John McN. Cramer
Reed, Smith, Shaw & McClay
P.O. Box 2009
Pittsburgh, PA 15230

Counsel for Respondent
John E. Varnum
Dept. of Justice
Land and Natural Resources Division
Washington, DC 20530