I have just read the comment in the February 1986 News & Analysis concerning the recent attainment/nonattainment area cases.¹ I found the analysis interesting and thorough. Further, I believe that the analysis is valid based upon what the decisions say. However, I thought I should bring to your attention two aspects of Ohio v. Ruckelshaus² where the court's opinion does not correctly reflect the record before it.

The first and most important error the court made was in stating that Ohio's redesignation request was made pursuant to §107(e)³ of the Clean Air Act.⁴ In fact, Ohio's request was a §107(d)(5)⁵ request for change in attainment status designation, not a request to redesignate air quality control region boundaries. Lorain and Medina Counties were just two of forty-six counties for which Ohio simultaneously requested a change from nonattainment to attainment status for the ozone national ambient air quality standards. The Environmental Protection Agency (EPA) approved the redesignation to attainment status of all except nine of these counties.