ELR Citation: ELR 20010
No(s). 59-73C3 (W.D. Wash. Jun 25, 1973)

The Clean Air Act does not create a right in a municipal air pollution control agency to assess civil penalties and attorney fees against a federal facility for violation of local emission regulations, nor does it constitute a consent by the United States to be sued for injunctive relief against such violations. Even if the Act did authorize injunctive relief, plaintiff's allegations of fact in this case are insufficient to state a claim under the established principles of equity.

Counsel for Plaintiff
Keith McGoffin
Burkey, Marsico, Rovai & McGoffin
818 Yakima Avenue
Tacoma, Washington, DC 98405

Counsel for Defendant
Bruce D. Carter Asst. U.S. Attorney
1012 U.S. Courthouse
Seattle, Washington, DC 98104

Thomas C. Lee
Department of Justice
Washington, DC 20530