Mark Abramowitz v. United States Environmental Protection Agency

This petition for judicial review of agency administrative action presents a unique question of jurisdiction and scope of review under the Clean Air Act. Petitioner challenges the Environmental Protection Agency’s (“EPA or Agency”) approval of certain air pollution control measures in the South Coast Air Basin (primarily the Los Angeles metropolitan area) portion of California’s State Implementation Plan (“SIP”) without EPA’s requiring attainment of the statutory air quality standards before the December 31, 1987 deadline. EPA argues that while the court of appeals properly can review that part of its decision which approved the control measures, only a district court may review the December 31, 1987 attainment issue. Because we find both aspects of the EPA’s decision reviewable in this court, the question then becomes whether we should simply vacate and remand the matter to the Agency for further consideration, or, in the alternative, direct the EPA to take action consistent with the specific restrictions and timetables prescribed by Congress.

We conclude that the EPA exceeded its authority under the Clean Air Act by approving the control measures without determining whether…