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United States v. Associated Elec. Coop., Inc.

ELR Citation: 11 ELR 20240
Nos. No. 80-251C(B), 503 F. Supp. 92/15 ERC 1533/(E.D. Mo., 10/27/1980)

The court rules that under §113 of the Clean Air Act only the Administrator of the Environmental Protection Agency (EPA) is authorized to maintain a suit to enforce a state implementation plan (SIP) when the state has not done so. The Attorney General of the United States filed suit under §113 of the Act for an injunction and civil penalties due to defendant's failure to comply with Missouri's SIP. The court holds that §113 states unambiguously that only the Administrator of the EPA has the discretion to determine whether to issue an order requiring compliance with the SIP or to initiate a civil action. Thus, to sanction the Attorney General's attempt to enforce Missouri's SIP effectively precludes the Administrator from exercising his discretionary powers. Further, the statutory language and legislative history indicate clearly that Congress intentionally eliminated any right on the part of the Attorney General to institute a civil action on behalf of or in the name of the United States for purposes of enforcing a SIP. The court therefore grants defendant's motion to dismiss.

Counsel for Plaintiff
Robert D. Kingsland, U.S. Attorney; Anne T. Shapleigh, Ass't U.S. Attorney
U.S. Cthse. & Custom House, 114 Market St., Rm. 414, St. Louis MO 63101
(314) 425-5885

Counsel for Defendant
Donald J. Stohr
Thompson & Mitchell
One Mercantile Center, St. Louis MO 63101
(314) 231-7676

Eugene E. Andereck
Stockard, Andereck, Hauck, Sharp & Evans
101 W. McCarty St., P.O. Box 1280, Jefferson City MO 65102
(314) 634-3422