ELR Citation: ELR 20624
No(s). 6707 (D.C. Mar 27, 1974)

Petitioner's request for review of respondent's failure to declare chronic air pollution in the District of Columbia to be an "Emergency Episode" under the provisions of the D.C. Air Pollution Act, is dismissed for lack of proper jurisdiction. The D.C. Administrative Procedure Act limits judicial review to decisions made in a "contested case" after a hearing before an agency or other administrative body. The court therefore has no jurisdiction to review where, as here, there has been no final order or decision made on the record of a contested case and the statute under which petitioners make their claim does not provide for a hearing.

Counsel for Petitioners
Scott H. Lang
Environmental Defense Fund
1712 N Street, NW
Washington, DC 20036

Counsel for Respondents
C. Francis Murphy Corporation Counsel
James N. Dulcan
Richard W. Barton Asst. Corporation Counsel
14th and E Streets, NW
Washington, DC 20001