ELR Citation: ELR 20335
No(s). s. 74-1482, -1507 (D.C. Cir. Apr 4, 1975)

The D.C. Circuit Court of Appeals reverses a lower court ruling granting summary judgment against plaintiffs who sought to close down a municipal incinerator. Two City Council-approved postponements of the scheduled July 4, 1973, closing date for the incinerator did not constitute valid revisions of the District of Columbia's implementation plan since they were not approved by EPA prior to the then-existing shutdown date. The court holds that plaintiffs fulfilled the sixty day notice requirement of the statute by bringing a second action 60 days after the initial suit was filed, with the complaint in the first action serving as notice of plaintiffs' intent to file the second suit. The court also rules that the Administrator was not a necessary party to this litigation, and that the citizens suit provision of the Clean Air Act obviates the need for plaintiffs to allege "injury-in-fact" in order to establish standing. For the lower court's opinion, see 4 ELR 20651.

Counsel for Plaintiffs
Gilbert Hahn, Jr.
John R. Harlman
Amran, Hahn & Sandground
Colorado Building
1341 G Street, NW
Washington, DC 20005

Counsel for Defendants
C. Francis Murphy Corporation Counsel
Louis P. Robbins
John C. Salyer Asst. Corporation Counsel
District Building
14th and Pennsylvania Avenue, NW
Washington, DC 20005