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District of Columbia v. Costle

ELR Citation: 7 ELR 20701
Nos. No. 74-1013, 567 F.2d 1091/10 ERC 1590/(D.C. Cir., 08/19/1977) Dismissed as moot on remand from U.S. Supreme Court

Pursuant to the Supreme Court's remand in Environmental Protection Agency v. Brown, 7 ELR 20375, the Court of Appeals for the District of Columbia Circuit concludes that petitioner's challenge to the transportation control regulations promulgated by the Environmental Protection Agency (EPA) in 1975 is moot. EPA conceded before the Supreme Court that the disputed regulations were invalid in certain respects and has since modified the regulations to remove requirements that the states adopt regulations or pass legislation for the implementation and enforcement of transportation controls. While petitioner challenges the validity of these modified regulations as well, these new rules are not the subject of this litigation. The original 1975 regulations no longer exist, and no record has been made before the agency concerning the present modified regulations. The old controversy is moot and must be dismissed.

Counsel for Petitioner
Louis P. Robbins, Principal Ass't Corporation Counsel, John C. Salyer, Ass't Corporation Counsel
District Bldg., 14th & Pennsylvania Ave. NW, Washington DC 20004
(202) 629-3864

Counsel for Intervenors Washington Area Bicyclist Ass'n et al.
Joel D. Joseph
Washington Area Bicyclist Ass'n
1520 16th St. NW, Washington DC 20036
(202) 265-4317

Counsel for Respondents
Edmund B. Clark
Department of Justice, Washington DC 20530
(202) 737-8200

Before MACKINNON and ROBB, Circuit Judges and A. SHERMAN CHRISTENSEN,* United States Senior District Judge for the District of Utah.