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Lubrizol Corp. v. Train

ELR Citation: 7 ELR 20106
Nos. No. 76-1618, 547 F.2d 310/9 ERC 1478/(6th Cir., 11/30/1976)

The Sixth Circuit Court of Appeals reverses a lower court's grant of a preliminary injunction against enforcement of Environmental Protection Agency (EPA) regulations, promulgated under §211(a) of the Clean Air Act, which require the registration of motor vehicle fuels, including engine oil. An examination of the statutory structure and legislative history leads the court of appeals to conclude that Congress intended jurisdiction to review registration requirements issued under §211(a) to lie exclusively in the Court of Appeals for the District of Columbia Circuit under §307(b)(1). The district court's ruling that Congress meant to differentiate registration of fuels under §211(a) from regulation under §211(c) for purposes of judicial review is erroneous. A decision that review of §211(a) actions is available in the federal district courts would lead to inconsistent interpretations of the Act's requirements and seriously delay implementation of important statutory policies. The integral relationship between the data gathered during the registration phase and later control or prohibition of fuels shows Congress did not envision bifurcated judicial review of actions taken by the Administrator under §211. The relevant case law and legislative history indicate that the §307(b)(1) provision for exclusive judicial review in the "appropriate" court of appeals was intended to ensure uniformity in decisions concerning issues of statutory interpretation that are national in scope. For such issues, which include fuel registration under §211(a), the D.C. Circuit is the "appropriate" circuit within the meaning of §307(b)(1) to review the contested regulations.

Counsel for Plaintiff-Appellee
Van Carson
Geoffrey K. Barnes
Squire, Sanders & Dempsey
1800 Union Commerce Bldg.
Cleveland OH 44115
(216) 696-9200

Counsel for Defendants-Appellants
Earl Salo
Pollution Control Section
Department of Justice
Washington DC 20530
(202) 737-8200

Before: PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.