Jump to Navigation
Jump to Content

Outdoor Power Equip. Inst., Inc. v. EPA

Citation: 8 ELR 20074
No. No. 77-0897, 438 F. Supp. 1092/10 ERC 1925/(D.D.C., 09/24/1977)

The court grants defendant's motion to dismiss, ruling that the appropriate forum for challenges to the Environmental Protection Agency's initial steps in regulating "major sources of noise" under the Noise Control Act of 1972 is the United States Court of Appeals for the District of Columbia Circuit. Although agreeing that disputes over final regulations are limited by the Act to the court of appeals, plaintiff had sought to distinguish between the issuance of final regulations and the listing procedure which must precede such final action, arguing that this distinction allows for district court review of the initial determination. In the court's view, however, accepting this two-tiered approach and allowing separate judicial review of the initial tier would completely disrupt the Act's strict timetables governing all phases of the regulatory procedure. It would also lead to the incongruous result that the regulation of nonmajor sources, unquestionably a one-tiered procedure under the Act, would be less cumbersome than the regulation of "major sources." Such an interpretation must be contrary to the intent of Congress and is therefore rejected.

Counsel for Plaintiff
Mac S. Dunaway
Reed Smith Shaw & McClay
Suite 900, 1150 Connecticut Ave. NW, Washington DC 20036
(202) 457-6100

Counsel for Defendant
Donald W. Fowler
Department of Justice, Washington DC 20530
(202) 739-2793

Ronald S. Naveen
Environmental Protection Agency, Washington DC 20460
(202) 755-0766