Kerr-Mcgee Chemical Corporation v. United States Department of the Interior, James G. Watt , and the State of California

This case presents the question whether, under section 164(d) of the Clean Air Act Amendments of 1977, a recommendation by the Department of Interior has caused injury to Kerr-McGee sufficient to give it standing and create a case ripe for decision. The district court decided that Kerr-McGee had been injured and granted its motion for summary judgment. We reverse and remand with instructions to dismiss because Kerr-McGee has not demonstrated that legally cognizable injury results from Interi- or’s recommendation.

FACTS

Under section 164 of the Clean Air Act Amendments of 1977, the states alone have the power to change the air quality designations of federal lands within their boundaries. 42 U.S.C. § 7474 (a) (Supp.1982). Certain federal lands, such as national monuments, may be redesignated only from Class II to Class I, the strictest pollution control category. Id.

Section 164(d) of the amendments requires the federal land manager to review specified federal lands to determine whether redesignation is appropriate. 42 U.S.C. § 7474 (d). In 1980, the Department of the Interior, the land manager for Death Valley National Monument, recommended that California redesignate Death…