ELR Citation: ELR 20689
No(s). 74-1180 (9th Cir. Jul 10, 1974)

The Ninth Circuit Court of Appeals affirms a lower court's dismissal of an action seeking to enjoin further construction of a large shopping center and to compel state and federal officials to promulgate regulations which would prevent such pollution-creating developments. California's Clean Air Act implementation plan has been approved in part and rejected in part by the EPA Administrator, and there is presently no regulation or control that would prevent the construction or operation of this shopping center project. The court rules that it has no power to order the promulgation of any particular regulation or set of regulations, as plaintiffs seek. The court also holds that plaintiffs do not meet the test for the proper circumstances under which a citizen suit may be brought under the Act.

Counsel for Plaintiffs
John C. McCarthy
Young, Henrie & McCarthy
100 Pomona Mall West
Pomona, CA 91766

William B. Campbell
Paul, Hastings, Janofsky & Walker
555 S. Flower Street
22nd Floor
Los Angeles, CA 90071

Counsel for Defendants
James R. Dooley Asst. U.S. Attorney
1100 U.S. Courthouse
312 North Spring Street
Los Angeles, CA 90012

Jeffrey C. Freedman Deputy Attorney General
600 State Building
Los Angeles, CA 90012