Jump to Navigation
Jump to Content

Buckeye Power, Inc. v. EPA

Citation: 5 ELR 20701
No. No. 74-1513, 525 F.2d 80/8 ERC 1317/(6th Cir., 10/24/1975)

For lack of ripeness, the court of appeals dismisses petitions from a number of Ohio steel mills and power companies for review of the EPA Administrator's approval of Ohio's Clean Air Act implementation plan. Federal approval of the plan was subject to important exceptions; disputes regarding the achievability of emission standards and the control strategies for particulates and nitrogen oxides, which issues petitioners seek to have the court resolve, are being worked out at the state agency level, where the Supreme Court's recent decision in Train v. Natural Resources Defense Council clearly contemplated they should be. No immediate harm will come to petitioners if the state Environmental Protection Agency is allowed to arrive at definitive administrative conclusions on these disputed issues, whereas the national effort to clean the ambient air would be adversely affected by judicial action which would delay the statutory timetable. The stays previously entered are therefore vacated, and the petitions dismissed without prejudice.

Counsel for Petitioners
Leslie Henry
Wilson W. Snyder
Fuller, Henry, Hodge & Snyder
12th Floor Edison Plaza
300 Madison Avenue
Toledo, Ohio 43604

Counsel for Respondents
Wallace H. Johnson Asst. Attorney General
Lloyd S. Guerci
Department of Justice
Washington, D.C. 20530

Counsel for Intervenor State of Ohio
William J. Brown Attorney General
Robert L. Brubaker
800 Seneca Towers
361 E. Broad Street
Columbus, Ohio 43215

Before: PHILLIPS, Chief Judge, EDWARDS and MILLER, Circuit Judges.