Jump to Navigation
Jump to Content

Center for Auto Safety v. EPA

ELR Citation: 13 ELR 20752
Nos. No. 82-2910, 558 F. Supp. 103/19 ERC 1047/(D.D.C., 03/02/1983)

The district court rules that the Court of Appeals for the D.C. Circuit has exclusive jurisdiction under §307 of the Clean Air Act to review the Environmental Protection Agency's (EPA's) approval of an automobile nitrogen oxide (NOx) emissions "offset" plan. EPA had authorized General Motors Corp. (GM) to offset excess emissions from 1979 automobiles by producing future model-year vehicles with lower NOx emissions, rather than requiring GM under §207(c)(1) of the Act to recall vehicles with exhaust problems. The court notes that §304 of the Act grants jurisdiction to the district court to review EPA's failure to perform non-discretionary duties and §307 grants exclusive jurisdiction in the D.C. Circuit to review final action on nationally applicable regulations. Since plaintiffs in effect challenge both EPA's failure to order a recall and EPA's final action approving the offset plan, there appears to be jurisdiction for part of plaintiffs' claims in both courts. However, judicial economy and consistency will be served if the court of appeals retains sole jurisdiction over the case.

Counsel for Plaintiffs
Frederic Townsend
Public Citizen Litigation Group
2000 P St. NW, Washington DC 20036
(202) 293-9142

Counsel for Defendants
Rosanne Mayer
Land and Natural Resources Division
Departmentof Justice, Washington DC 20530
(202) 633-5409