ELR Citation: ELR 20200
No(s). G81-289 CA7 (W.D. Mich. Jun 18, 1982)

The court rules that §113 of the Clean Air Act authorizes the United States to bring an enforcement action in its own name at the request of the Environmental Protection Agency (EPA). The court first holds that §113(b) of the Act does not vest sole authority to bring such actions in the Administrator of EPA. Although that section identifies only the Administrator, the broad purposes revealed in the Clean Air Act and its legislative history require that an expanded meaning be given to the statutory language. The court also rules that the United States has standing to bring this action. Standing is conferred by the inherent right of government to go to court to ensure the exercise of its power to protect the general welfare and by the fact that EPA requested it to file suit. Defendant will not be prejudiced by the United States bringing the action in its own name because EPA is directly involved in the suit and will be bound by the judgment of the court.

[The pleadings in this case are summarized at ELR PEND. LIT. 65717 — Ed.]

Counsel for Plaintiff
Thomas J. Gezon, Ass't U.S. Attorney
399 Fed. Bldg., Grand Rapids MI 49503
(616) 456-2404

E. Gail Suchman
Office of Regional Counsel
Environmental Protection Agency, Region V, 230 S. Dearborn St., Chicago IL 60604
(312) 886-6675

Counsel for Defendant
Thomas J. Mulder
Varnum, Riddering, Wierengo & Christenson
800 Mutual Home Bldg., Pearl at Monroe, Grand Rapids MI 49503
(616) 459-4186

Lee E. Larson
Squire, Sanders & Dempsey
1800 Union Commerce Bldg., Cleveland OH 44115
(216) 687-8500