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Illinois v. EPA

ELR Citation: 10 ELR 20351
Nos. No. 79-2034, 621 F.2d 259/17 ERC 1644/(7th Cir., 05/09/1980)

The court dismisses a petition for review of a Notice of Deficiency issued by the Environmental Protection Agency (EPA) with regard to the sufficiency of the Illinois state implementation plan (SIP) on the grounds that the Notice is not "final action" reviewable under §307(b)(1) of the Clean Air Act. The court first finds that the Notice has no legal effect since EPA lacks statutory authority to order Illinois to correct deficiencies in its SIP. Moreover, the Notice is not "final" since it is only one step in an extended administrative process. Finally, the court stresses that rather than "clouding" state enforcement efforts, the Notice merely reflects state court decisions that bar enforcement of the plan pending the resolution of procedural deficiencies under state law. The court thus declines to render what would be an advisory opinion on the propriety of the Notice and dismisses the appeal.

Counsel for Petitioner
George W. Wolf
Office of the Attorney General
188 W. Randolph St., Chicago IL 60601
(312) 793-3564

Counsel for Respondent
Barbara H. Brandon
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2808

Before FAIRCHILD, Chief Judge, WOOD, Circuit Judge, and JAMESON, Senior District Judge.*