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California v. Stastny

Citation: 2 ELR 20561
No. No. 72-112-WPG Civil, 382 F. Supp. 222/4 ERC 1447/(C.D. Cal., 07/17/1972)

The Clean Air Act (42 U.S.C. 1857 et seq.) does not require either the defendant United States Navy, or the individual defendants, to comply with Rule 10 of the Rules and Regulations of the Los Angeles County Air Pollution Control District to the extent that said Rule 10 requires defendants to apply for and obtain permits prior to the operation of equipment at the naval base at Long Beach, California. Rule 10 states that any person building, operating or using any machine or equipment which may cause the issuance of air contaminants or which may eliminate, reduce or control the issuance of air contaminants, must obtain a permit for such construction or use from the County Air Pollution Control Council.Although the Navy, at its Long Beach facility, uses equipment and machines which may cause the issuance of air contaminants and which eliminate, reduce or control the issuance of air contaminants, the Rule 10 permit requirement is outside the scope of requirements imposed upon federal facilities by Section 118 of the Clean Air Act and is therefore not binding on the naval facility. Preliminary and permanent injunction denied.

Counsel for Plaintiffs
John D. Maharg, County Counsel
Andrew C. Schutz, Deputy County Counsel
Hall of Administration, Room 648
Los Angeles, California 90012

Counsel for Defendants
William D. Keller U.S. Attorney
Frederick M. Brosio, Jr. Ass't U.S. Attorney, Chief, Civil Division
Donald J. Merriman Ass't. U.S. Attorney
1100 U.S. Courthouse
312 North Spring Street
Los Angeles, California 90012