Environmental Defense Fund v. Ruckelshaus

Civil No. 2399-72 (D.D.C. January 29, 1973)

The Administrator of the Environmental Protection Agency must promulgate final emission standards for the hazardous pollutants for which proposed standards had been promulgated in December, 1971, within 60 days following the order of the court. Under Section 112 of the Clean Air Act Amendments of 1970, the promulgation of final standards within 180 days following proposed standards is a non-discretionary act and a Section 304 citizen suit will lie to compel action.

Counsel for Plaintiffs
William A. Butler
Scott H. Lang
Environmental Defense Fund
1910 N Street, N.W.
Washington, D.C. 20036

Counsel for Defendant
Alfred T. Ghiorzi
Department of Justice
Washington, D.C. 20530

[3 ELR 20173]

Parker, J.

ORDER

Upon consideration of the motion of plaintiffs for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and the Court having considered the memoranda filed in support thereof and in opposition thereto, it is

ORDERED that plaintiffs' motion for summary judgment be and the same hereby is granted; and it is

FURTHER ORDERED, that defendant William D. Ruckelshaus, Administrator of the Environmental Protection Agency, shall comply with Section 112(b) of the Clean Air Amendments of 1970, by promulgating emission standards for asbestos, beryllium and mercury, within sixty (60) days from the entry of this order.