ELR Citation: ELR 20933
No(s). s. 79 C 3000, 3110 (N.D. Ill. Jan 15, 1980)

In a case combining an enforcement action by the United States against Texaco, Inc., and a related declaratory judgment action by Texaco and several other oil companies against the Environmental Protection Agency (EPA), the court holds that the United States may bring a Clean Air Act §113 enforcement action without the participation of the EPA Administrator and that the United States is not an indispensible party in an action for review of agency activity under §703 of the Administrative Procedure Act (APA). The court concludes that although §113 of the Clean Air Act provides that the Administrator may bring an action to enforce the Act, it does not specify that the Administrator is the only one who may do so. The court notes that the legislative history does not imply that Congress intended to restrict enforcement of the Act and, in fact, suggests it intended to expand it. The court also accepts the oil companies' argument that they may choose their defendants under §703 of the APA and holds accordingly that the United States is not an indispensible party, noting that the government did not show it would be prejudiced by this action.

Counsel for Plaintiffs
Thomas P. Sullivan, U.S. Attorney
Everett McKinley Dirksen Bldg., 219 S. Dearborn St., Room 1500 South, Chicago, IL 60604
(312) 353-5300

Counsel for Defendants
Jeffrey C. Fort
Martin, Craig, Chester & Sonnerschein
115 South La Salle St., Chicago, IL 60603
(312) 368-9700