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Natural Resources Defense Council v. EPA

Citation: 2 ELR 20639
No. No. 72-1218, 465 F.2d 492/4 ERC 1506/(1st Cir., 08/23/1972) Transferring to D.C. Cir.

The D.C. Circuit is the "appropriate circuit" pursuant to 42 U.S.C. § 1857c-5 (the Clean Air Act) to determine questions which are common to all state implementation plans approved by the Administrator of the Environmental Protection Agency. Where, in every state implementation plan, the Administrator had granted two year extensions for attainment of air quality standards for transportation-related pollutants and had approved plans which failed to provide for maintenance of air quality standards and which failed to provide for adoption of transportation controls, the issues are legal and are common to every state plan. The possibility of inconsistent results if the issue is litigated in various circuits makes D.C. Circuit "appropriate in these circumstances. Motion to transfer granted.

Counsel for Petitioners
David G. Hawkins
Natural Resources Defense Council
1710 N Street, N.W.
Washington, D.C. 20036

Counsel for Respondent
Kent Frizzel Assistant Attorney General
Edmund B. Clark
D. Lee Stewart
Department of Justice
Washington, D.C.

Before ALDRICH, Chief Judge, and COFFIN, Circuit Judge.