ELR Citation: ELR 20173
No(s). 2399-72 (D.D.C. Jan 29, 1973)

The Administrator of the Environmental Protection Agency must promulgate final emission standards for the hazardous pollutants for which proposed standards had been promulgated in December 1971, within 60 days following the order of the court. Under §112 of the Clean Air Act Amendments of 1970, the promulgation of final standards within 180 days following proposed standards is a non-discretionary act and a §304 citizen suit will lie to compel action.

Counsel for Plaintiffs
William A. Butler
Scott H. Lang
Environmental Defense Fund
1910 N Street, NW
Washington, DC 20036

Counsel for Defendant
Alfred T. Ghiorzi
Department of Justice
Washington, DC 20530