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Keywords

plaintiffinjunctionmotionregulationclean air act

plaintiffjurisdictionappealmotionregulationclean air act

Related Cases

Sierra Club v. Ruckelshaus, 344 F.Supp. 253, 4 ERC 1205, 2 Envtl. L. Rep. 20,262

Facts

The plaintiffs, consisting of four environmental groups, filed a motion for a preliminary injunction against the EPA Administrator, who had proposed to approve state air pollution control plans that would allow pollution levels to rise to secondary standard levels. The plaintiffs argued that this action was contrary to the Clean Air Act of 1970, which they claimed was designed to protect and enhance air quality. The court found that the Administrator's interpretation of his authority was erroneous and that the plaintiffs had standing to bring the action.

Initially, this matter came before the Court on plaintiffs' motion for temporary restraining order wherein they sought to enjoin the Administrator of the Environmental Protection Agency from approving certain portions of state air pollution control plans-implementing the national primary and secondary standards-which had been submitted to the Administrator pursuant to Section 110 of the Clean Air Act of 1970.

Issue

Whether the Administrator of the Environmental Protection Agency could approve state air pollution control plans that allowed for the degradation of existing clean air, contrary to the Clean Air Act of 1970.

The Administrator challenges the jurisdiction of this Court to hear this case on the theory that the plaintiffs should wait until the Administrator approves the plans and then appeal the approval under 42 U.S.C. § 1857h-5. We disagree.

Rule

The Clean Air Act of 1970 is based on a policy of nondegradation of existing clean air, and any regulation permitting states to submit plans that allow for such degradation is contrary to the legislative policy of the Act and therefore invalid.

In our view, these regulations are irreconcilable and they demonstrate the weakness of the Administrator's position in this case.

Analysis

The court analyzed the legislative history and purpose of the Clean Air Act, emphasizing that Congress intended to protect and enhance air quality. The court found that the Administrator's regulation allowing for degradation of clean air was inconsistent with the Act's purpose and the historical context of air quality standards. The court concluded that the plaintiffs had demonstrated a likelihood of success on the merits and that the Administrator's position was untenable.

In discussing the merits of the present action-i. e., the extent of the Administrator's authority and the validity of the questioned regulation-we turn to the stated purpose of the Clean Air Act of 1970, the available legislative history of the Act and its predecessor, and the administrative interpretation of the Act.

Conclusion

The court granted the plaintiffs' motion for a preliminary injunction, holding that the Administrator's regulation permitting degradation of clean air was invalid under the Clean Air Act.

Accordingly, we hold that plaintiffs have made out a claim for relief.

Who won?

The plaintiffs prevailed in the case because the court found that their claims were valid and that the Administrator's actions were contrary to the Clean Air Act.

In our view, these regulations are irreconcilable and they demonstrate the weakness of the Administrator's position in this case.

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