ELR Citation: ELR 20043
No(s). 72-2122-1H (C.D. Cal. Nov 16, 1972)

EPA's failure to prepare a state implementation plan under the Clean Air Act within two months following disapproval of the plan submitted by California violates a non-discretionary duty imposed by §110(c) of the Act and warrants an injunction requiring EPA to prepare a plan within two months. Although the Act requires sixty days notice prior to suit, failure of plaintiffs to notify EPA does not preclude suit where constructive notice has been given, by service of the complaint on EPA Administrator and the subsequent lapse of 60 days before the court's judgment.

Counsel for Plaintiffs
Mary D. Nichols
Center for Law in the Public Interest
10203 Santa Monica Boulevard
Los Angeles, CA 90067

Counsel for Defendant
James R. Dooley Ass't. U.S. Attorney
1100 United States Courthouse
312 North Spring Street
Los Angeles, CA 90012

James R. Moore Attorney, Department of Justice
Washington, DC 20530