ELR Citation: ELR 20959
No(s). 89-369 (U.S. Jun 14, 1990)

The Court holds that the Environmental Protection Agency (EPA) is not required to act on a proposed state implementation plan (SIP) revision within four months and is not barred from enforcing the existing SIP if it does not act on the proposal within a reasonable time. The Court first rules that the four-month time limit in §110(a)(2) of the Clean Air Act applies only to EPA review of original SIPs rather than to EPA review of a SIP revision. The Court then holds that, although EPA remains subject to the Administrative Procedure Act's requirements of timeliness, EPA is not barred from enforcing the existing SIP when it delays unreasonably in acting on a proposed SIP revision. The Court bases its holding on the plain language of the statute and the fact that Congress enacted an enforcement bar elsewhere in the statute. The Court notes that other remedies are available for EPA delay.

[Prior decisions in this litigation are published at 18 ELR 20853 and 19 ELR 21285.]

Counsel for Petitioners
Theodore L. Garrett, Sonya D. Winner
Covington & Burling
1201 Pennsylvania Ave. NW, P.O. Box 7566, Washington DC 20044
(202) 662-5398

Harry J. Pearce, James C. Cubbin, Patrick J. McCarroll
General Motors Corporation
New Center One Bldg., 3031 Grand Blvd., Detroit MI 48232
(313) 974-1686

Counsel for Respondents
Kenneth W. Starr, Lawrence G. Wallace, Clifford M. Sloan
Office of the Solicitor General
U.S. Department of Justice, Washington DC 20530
(202) 513-2217

Martin W. Matzen, David C. Shilton
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2217