ELR Citation: ELR 20493
No(s). s. 73-1047, -1093 (S.D.N.Y. Mar 22, 1973)

A municipal ordinance limiting the permissible lead content of gasoline offered for sale in New York City is not preempted by EPA regulations issued pursuant to the Clean Air Act which require all gas stations to offer for sale at least one gasoline with lead content not exceeding .05 grams per gallon, because those regulations are aimed at ensuring the efficiency of emission control devices rather than directly protecting the public health. There is not sufficient likelihood that the ordinance will be found to put an unconstitutional burden on interstate commerce to warrant the granting of plaintiff oil companies' motion for a preliminary injunction against the ordinance's enforcement.

Counsel for Plaintiffs
Joseph T. McLaughlin
Shearman & Sterling
53 Wall Street
New York, NY 10005

Miles F. Mac Donald
Shea, Gould, Climenko & Kramer
330 Madison Avenue
New York, NY 10017

Counsel for Defendants
Evan A. Davis
1656 Municipal Building
New York, NY 10017

David Schoenbrod
c/o National Resources Defense Council, Inc.
15th West 44th Street
New York, NY 10036