ELR Citation: ELR 20565
No(s). s. 73-1047, -1093 (S.D.N.Y. Mar 8, 1974)

Federal regulations governing fuel and fuel additives, which become effective in January 1975, do not preempt New York City's present regulation of gasoline lead content and volatility, and plaintiff Exxon's motion for summary judgment on that theory is therefore denied. There can be no conflict between federal and state regulations until the date the federal rules become effective absent a showing of federal intent to preempt the field of gasoline lead reduction prior to actual federal control, and plaintiff has made no such showing. The delay between promulgation of the federal rules and their implementation does not constitute a federal administrative determination that controls are unnecessary until 1975, such that local controls are presently prohibited. The court notes that the invalidation of effective local controls, such as those imposed by the city in this case, would frustrate the non-degradation goals of the Clean Air Act and run counter to the Second Circuit's narrow construction of federal preemption.

Counsel for Plaintiffs
Shearman & Sterling
53 Wall Street
New York, NY 10005

Shea, Gould, Climenko & Kramer
330 Madison Avenue
New York, NY 10017

Counsel for Defendant
Adrian P. Burke
Corporation Counsel
Municipal Building
New York, NY 10013