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League to Save Lake Tahoe v. Trounday

ELR Citation: 7 ELR 20400
Nos. No. R-76-85 BRT, 427 F. Supp. 1350/10 ERC 1067/(D. Nev., 03/10/1977)

The court dismisses a Clean Air Act suit against the state of Nevada and private developers for lack of federal jurisdiction to review state administrative enforcement actions. Plaintiffs alleged that the proposed private construction project, to which the Nevada agency had issued permits, would violate federal ambient air standards. The court finds that the complaint admits compliance with the state procedures and that defendants had not violated the state implementation plan. As Congress intended in the Clean Air Act to defer enforcement under approved plans to state administrative action, a suit against a person in compliance with a state order is not authorized by the Act. The complaint is dismissed for failing to state a claim for relief against the state or the individual developers.

For moving papers in this case, see ELR 65361.

Counsel for Plaintiffs
Joseph J. Brecher
506 15th St., Oakland CA 94612
(415) 763-3594

John C. Rogers
785 Southwood Blvd., Incline Village NV 89450
(702) 831-3666

Counsel for Defendants
Robert List, Attorney General
Supreme Court Bldg., Carson City NV 89701
(702) 885-4170

F.R. Breen
Breen, Young, Whitehead & Hay
232 Court St., Reno NY 89501
(702) 786-7600

John Frankovich
McDonald, Carano, Wilson, Bergin & Bible
241 Ridge St., Reno NV 89505
(702) 322-0635