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District of Columbia v. Costle

Citation: 8 ELR 20036
No. No. 74-1013, 567 F.2d 1091/10 ERC 2022/(D.C. Cir., 11/10/1977) Vacated

The court vacates its earlier decision, 7 ELR 20701, which dismissed as moot challenges to the Environmental Protection Agency's regulations requiring inclusion of various transportation control measures in state air quality implementation plans under the Clean Air Act. The court remands the vehicle retrofit, bicycle lane, bus lane, and vehicle inspection and maintenance portions of the regulations to the agency for reconsideration and modification in light of the court's 1975 ruling as to the agency's power in these areas and the recently enacted Clean Air Act Amendments of 1977. The parties may seek review of the agency's final administrative decisions on these points once they have been made.

Counsel for Petitioners
Louis P. Robbins, Principal Ass't Corporation Counsel;
John C. Salyer, Ass't Corporation Counsel
District Building, 14th & Pennsylvania Ave., NW
Washington DC 20004
(202) 629-3864

Counsel for Intervenors
Joel D. Joseph
Washington Area Bicyclist Ass'n
1520 16th St. NW, Washington DC 20036
(202) 265-4317

Counsel for Respondents
Edmund B. Clark
Department of Justice, Washington DC 20530
(202) 737-8200

Before MacKINNON and ROBB, Circuit Judges and A. SHERMAN CHRISTENSEN,* United States Senior District Judge for the District of Utah.