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Blanchette v. EPA

Citation: 7 ELR 20282
No. No. 75-4117, 551 F.2d 906/9 ERC 2166/(2d Cir., 03/21/1977)

The court denies a petition for review of the Environmental Protection Agency's (EPA) promulgation by regulation of an air quality implementation plan for Connecticut. Petitioners, Trustees of the Penn Central Transportation Company, sought vacation of the Connecticut state implementation plan (SIP) because of alleged irregularities in EPA's procedures leading to promulgation of the plan. A Connecticut Supreme Court ruling exempted the Cos Cob power plant, a major polluter, from the Connecticut SIP. EPA, concluding that Connecticut did not have the legal authority to carry out its plan, therefore promulgated the plan as federal regulations. Petitioners argued that the EPA action adopting the Connecticut SIP should be invalidated because of failure to file an inflation impact statement as required by Executive Order 11821.The court holds that the Executive Order is inapplicable by its own terms because petitioners have failed to prove that the Connecticut SIPadoption is a "major" proposal. Petitioners failed to establish that the cost of complying with the regulation exceeded the required dollar amount under the applicable criteria for "major."

Counsel for Petitioners
Kenneth H. Lundmark, Lloyd H. Baker
Metropolitan Region, Consolidated Rail Corporation
466 Lexington Ave., New York NY 10017
(212) 221-3107

Counsel for Respondent
Peter R. Taft, Ass't Attorney General; Robert A. Kerry, Raymond N. Zagone, Kathryn A. Oberly
Department of Justice, Washington DC 20530
(202) 739-2770

Janet E. Labella, Jean W. Sutton
Environmental Protection Agency, Region I
John F. Kennedy Federal Bldg., Boston MA 02203
(617) 223-5752

Lumbard and Feinberg, C.J.; Coffrin,* J.