ELR Citation: ELR 20760
No(s). 83-7831, 84-7403 (9th Cir. Jul 30, 1985)

The court rules that §107 of the Clean Air Act authorizes the Environmental Protection Agency (EPA) to include in designated nonattainment areas regions that are in attainment of the national ambient air quality standards, but which contain sources that cause downwind regions to be in violation. The court applies the arbitrary and capricious standard of review of §706 of the Administrative Procedure Act, noting the need to defer to reasonable EPA interpretation of the Act. The court then upholds the EPA policy of including in nonattainment areas all sources with significant impact on the air quality standard violations. The language of §107 provides EPA discretion in setting the boundaries of nonattainment areas broadly to encompass major upwind sources of pollution. The EPA approach is consistent with the legislative history, not addressed by precedent cited by petitioner, and rational in light of the policy of the Act to clean up nonattainment areas as quickly as practicable.

Counsel for Petitioners
Michael A. Monahan
McCutcheon, Black, Verleger & Shea
600 Wilshire Blvd, Los Angeles CA 90017
(213) 624-2400

Counsel for Respondents
David E. Dearing
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3528

Before Pregerson and Ferguson, JJ.