ELR Citation: ELR 20422
No(s). 73-3262 (9th Cir. Mar 29, 1976)

The EPA Administrator has authority under the Clean Air Act to impose gasoline rationing in order to meet the Clean Air Act standards. EPA regulations that require reduction in the supply of gasoline to selected areas in California starting in 1977 are therefore valid. Congress properly granted EPA this authority pursuant to its power to regulate air pollution under the Commerce Clause. Noting EPA's admission that rationing would cause extreme economic and social disruption along with the Agency's prognosis that the regulation will never become effective in view of the proposed amendments to the statute now pending before Congress, the court sympathizes with the petitioners' concerns but holds that it has no authority to alter the regulation. Only Congress, by amending the Act, can afford them the relief they request.

Counsel for Petitioner
John Flitner, City Attorney
420 E Street
Santa Rosa CA 95404
(707) 528-5261

Counsel for Respondent
Edmund B. Clark
Department of Justice
Washington DC 20530
(202) 739-2748

Cassandra Dunn
Environmental Protection Agency
100 California St., Rm. 336
San Francisco CA 94111
(415) 556-2068

For himself, Kilkenny & Sneed, JJ.