State of Alaska, Etc. v. Environmental Protection Agency, J. C. Penney Company, Inc. v. United States Environmental Protection Agency

This is a proceeding initiated by petitions for review timely filed pursuant to section 307(b) of the Clean Air Act, by the State of Alaska and J. C. Penney Company, Inc., challenging the validity of certain regulations pertaining to the control of air pollution in Alaska, promulgated by the Administrator of the Environmental Protection Agency.

The petition of J. C. Penney Company, Inc., specifically is directed against 40 C.F.R. § 52.86 (1974), which deals with the management of parking supply. This regulation, like similar regulations applicable in many other states, was indefinitely suspended on July 15, 1975. 40 Fed.Reg. 29713 (1975). The Administrator has assured this Court and the petitioners that should this suspension be lifted, or new regulations be promulgated pertaining to the same subject matter in general, another petition for review pursuant to the authority of section 307(b) of the Clean Air Act may be filed. In view of these actions and assurances given by the Administrator, we hold that the petition for review filed by J. C. Penney Company, Inc., presents issues which either are moot or not ripe for decision at the present time. Thorpe v. Housing…