ELR Citation: ELR 20155
No(s). s. 72-1522 et al (D.C. Cir. Jan 31, 1973)

This is an appeal from a ruling by the Administrator of the Environmental Protection Agency permitting several states to delay the submission of the transportation control portions of their implementation plans, and granting extensions for attainment of the national primary ambient air standard under the Clean Air Act of 1970. The Court of Appeals for the D.C. Circuit holds, from the wording of the Act and the need for flexibility, that Congress intended for the court to have jurisdiction to review approval of implementation plans of jurisdictions other than the District of Columbia. The court finds the Administrator did not meet the strict requirements of the Act in granting the extensions. In a detailed order the court directs the Administrator: (1) to rescind the Feb. 15, 1973, extension of the transportation control portions of the implementation plans; (2) to rescind extensions granted states until May 31, 1977, for implementation of their plans; (3) to require all states to submit an implementation plan by April 15, 1973; (4) to approve these plans in writing within two months; (5) to draw up plans for all states which fail to do so; (6) to grant no extensions on attainment of the primary standard unless §110(e) is complied with strictly.

Counsel for Plaintiffs
David G. Hawkins
Natural Resources Defense Council, Inc.
1710 N Street, NW
Washington, DC. 20036

Counsel for Defendants
Kent Frizzell, Assistant Attorney General
Edmund B. Clark
Department of Justice
Washington, DC 20530