City of Santa Rosa v. United States Environmental Protection Agency

This proceeding evolved from numerous petitions for review of regulations promulgated by the Environmental Protection Agency (EPA) under the 1970 amendments to the Clean Air Act (the Act). In due course, petitioners were informed at a prehearing conference that the court contemplated entering a judgment regarding the constitutional issues pursuant to Rule 54(b), Fed.R.Civ.P., prior to disposing of such other issues as the parties presented. Our resolution of those constitutional issues is reported in Brown v. EPA, 521 F.2d 827 (9th Cir. 1975).

Subsequently, each petitioner was asked to inform the court what issues, if any, it still desired the court to review. The State of California, the cities of Burbank, Los Angeles, and San Jose, and Pacific Legal Foundation indicated that the only remaining issue was the validity of the gasoline limitation regulation, 40 C.F.R. § 52.241 . All other petitions for review were dismissed. [Order of Dismissal, Community-Redevelopment Agency of City of Hawthorne v. EPA, 525 F.2d 1366 (9th Cir. 1975)].

The factual background of this appeal is reported in Brown, .supra at 829-30. The remaining petitioners focus on that part of EPA’s plans…