ELR Citation: ELR 20579
No(s). s. 72-1458 et al (10th Cir. Jun 18, 1973)

The court dismisses petitions to review on the ground that petitioners have no standing to challenge the Administrator's approval under the Clean Air Act of portions of the implementation plans of Colorado, New Mexico, and Utah. A petition that does not contain any allegation of injury-in-fact to petitioners is not a case or controversy as required by Article III of the Constitution. Petitioners have not shown themselves to be within the zone of interest protected by the Clean Air Act. Finally, despite the broad language of §307 of the Clean Air Act, judicial restraint is available to the court to deny standing.

Counsel for Petitioners
Richard E. Ayres
Natural Resources Defense Council
1710 N Street NW
Washington, DC 20036

Counsel for Respondent
Edmund B. Clark
G. William Frick
U.S. Department of Justice
Washington, DC 20530

Counsel for Intervenor Public Service Company of New Mexico
William K. Stravert
Keleher and McLeod
Public Service Bldg.
414 Silver Ave., SW
Albuquerque, NM 87102