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Maine v. Thomas

Citation: 19 ELR 20506
No. No. 87-0204-P, 690 F. Supp. 1106/28 ERC 1113/(D. Me., 07/27/1988)

The court holds that it lacks subject matter jurisdiction over a Clean Air Act (CAA) § 304 citizen suit to compel the Environmental Protection Agency (EPA) to issue additional air pollution regulations for the protection of visibility in federal parks and wilderness areas. In 1980, EPA adopted a phased approach to visibility protection and promulgated regulations addressing plume blight. The Agency deferred rulemaking on additional regulations that would have addressed regional haze. The court holds that EPA's decision to defer rulemaking on regional haze and other visibility regulations was a final action under CAA § 307 and therefore was reviewable only in the D.C. Circuit Court of Appeals. Although EPA expressed an intent to take future action, the decision was based on an extensive and published administrative record, and additional regulations will require a new record.

Counsel for Plaintiffs
James F. Tierney, Gregory W. Sample, Ass't Attorneys General
Office of the Attorney General
State House, Station No. 6, Augusta ME 04333
(207) 289-3661

David R. Wooley, Michael Moore
Office of the Attorney General
Dept. of Law, State Capitol, Albany NY 12224
(518) 474-7330

Howard I. Fox
Sierra Club Legal Defense Fund, Inc.
1424 K St. NW, Ste. 600, Washington DC 20005
(202) 347-1770

Counsel for Defendant
John A. Amodeo
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-2000