ELR Citation: ELR 20391
No(s). s. 82-2282 et al (D.C. Cir. Jan 26, 1983)

The court vacates the Environmental Protection Agency's (EPA's) interim standard on lead content limits for gasoline produced by small refiners. The interim standard, requiring that gasoline produced by small refiners within historic production levels not exceed 1.90 grams of lead per gallon of leaded gasoline, is vacated because EPA failed to give small refiners adequate notice that they would be required to reduce lead use immediately. The court finds a paucity of evidence in the record to support EPA's assumption that an untested inter-refinery lead credit trading market would develop fast enough for refiners to meet the interim standard. The court retains a stay on a historic ownership requirement in the regulations pending receipt of briefs by the parties on that issue. It holds that §211(f)(5) of the Clean Air Act, which prohibits judicial stays of regulations, applies only to §211(f) regulations and not to regulations applicable to other parts of §211. The court declares that its order does not revive the previous standard, since it would be irrational to replace the vacated standard with a more stringent one. The court notes that EPA would be justified in immediately promulgating a temporary replacement.

Counsel for Petitioners
L.L. Hank Hankla
Pierson, Ball & Dowd
Ring Bldg., 1200 18th St. NW, Washington DC 20036
(202) 331-8566

Scott M. DuBoff
Debevoise & Liberman
1200 17th St. NW, Washington DC 20036
(202) 857-9800

Patrick M. Raher
Hogan & Hartson
815 Connecticut Ave. NW, Washington DC 20006
(202) 331-4500

Counsel for Respondents
David E. Dearing
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5777

Samuel I. Gutter, Ralph J. Colleli Jr.
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4134

Counsel for Intervenors
G. William Frick
Lathrop, Koontz, Righter, Clagett & Norquist
1140 Connecticut Ave. NW, Suite 202, Washington DC 20036
(202) 887-5100

Robert V. Percival
Environmental Defense Fund, Inc.
1525 18th St. NW, Washington DC 20036
(202) 387-3500

Before Wilkey, Wald, and Mikva, JJ.