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Indiana & Mich. Elec. Co. v. EPA

Citation: 5 ELR 20191
No. No. 72-1491, 509 F.2d 839/7 ERC 1433/(7th Cir., 01/23/1975)

On petitions for review, the court upholds the validity of the EPA Administrator's approval of the Illinois and Indiana air quality implementation plans. The case law clearly supports the Administrator's position that preparation of a NEPA impact statement is not required in connection with his approval of a state implementation plan under § 110 of the Clean Air Act. The court rules that § 110 does not require the Administrator to consider the technological feasibility and the economic impact of such plans in deciding whether they should be approved. The proper forum for the consideration of such factors is in enforcement proceedings under § 113 of the Act, where they may properly be taken into account, along with such other factors as good faith efforts to comply, in devising compliance schedules. The court also rules that the informal rulemaking requirements of the Administrative Procedure Act, the giving of notice and an opportunity for the submission of comments and views, are inapplicable to approval and disapproval decisions of the Administrator under § 110, and the procedure employed by EPA in reviewing and approving the plans in question thus did not deprive the petitioners of due process.

Counsel for Petitioners
H. Edward Dunkelberger, Jr.
Covington & Burling
888 16th Street, N.W.
Washington, D.C. 20006

Von E. Livingston
Livingston, Dildine, Haynie & Yoder
Suite 425 Lincoln Bank Tower
Fort Wayne, Ind. 46802

Charles W. Campbell General Counsel
Public Service Co. of Indiana
Plainfield, Ind. 46168

David S. Richey
Parr, Richey, Obremskey, Pedersen & Morton
Union Federal Building
Lebanon, Ind. 46052

Frederick F. Eichhorn, Jr.
Schroer, Eichhorn & Morrow
5243 Hohman Avenue
Hammond, Ind. 46320

Frederick P. Bamberger
Bamberger, Foreman, Oswald & Hahn
708 Hulman Building
Evansville, Ind. 47708

Counsel for Respondent
Glen R. Goodsell
Department of Justice
Washington, D.C. 20530