DISTRICT OF COLUMBIA v. TRAIN

Nos. 74-1013, 74-1575 and 74-1579 to 74-1582.

521 F.2d 971 (1975)

DISTRICT OF COLUMBIA, etc., Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency and Environmental Protection Agency, etc., Respondents, Washington Area Bicyclist Association, Inc., Metropolitan Washington Coalition for Clean Air, Inc., Breathers for the Reduction of Atmospheric Hazards to the Environment, Intervenors. The COUNTY OF PRINCE WILLIAM, VIRGINIA, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. STATE OF MARYLAND, Petitioner, v. Russell E. TRAIN, Administrator, and Environmental Protection Agency, Respondent. CITY OF FAIRFAX, VIRGINIA, a Municipal Corporation, Petitioner, v. Russell E. TRAIN, Administrator, and Environmental Protection Agency, Respondent. CITY OF ALEXANDRIA, a Municipal Corporation of Virginia, Petitioner, v. Russell E. TRAIN, Administrator, and Environmental Protection Agency, Respondents. COMMONWEALTH OF VIRGINIA ex rel. STATE AIR POLLUTION CONTROL BOARD, Petitioner, v. Russell E. TRAIN, Administrator and Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1975.


Attorney(s) appearing for the Case

John C. Salyer, Asst. Corp. Counsel for the District of Columbia, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, and David Eisenberg, Asst. Corp. Counsel, Washington, D. C., were on the brief for petitioner in No. 74-1013.

J. Thomas Steger, Asst. Atty. Gen., Commonwealth of Virginia for petitioner in No. 74-1582 also argued for petitioners in Nos. 74-1575, 74-1579, 74-1580 and 74-1581.

John S. Battle, Jr., and William H. King, Jr., Richmond, Va., were on the brief for petitioner in No. 74-1575.

Stephen M. Pratt, Fairfax, Va., was on the brief for petitioner in No. 74-1580. Thomas P. Dugan, Fairfax, Va., also entered an appearance for petitioner in No. 74-1580.

J. Howard Middleton, Jr., Alexandria, Va., was on the brief for petitioner in No. 74-1581.

Bruce J. Chasan, Atty., Dept. of Justice, with whom Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Martin Green, Attys., Dept. of Justice, and Robert V. Zener, Gen. Counsel, E. P. A., were on the brief for respondent.

Joel D. Joseph, Washington, D. C., for intervenors in Nos. 74-1013 and 74-1579.

Before MacKINNON and ROBB, Circuit Judges, and CHRISTENSEN, Senior United States District Judge for the District of Utah.


Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

The State of Maryland, the Commonwealth of Virginia, the District of Columbia, the County of Prince William, Virginia, and the Cities of Alexandria and Fairfax, Virginia, petition this court for review of the action by the Administrator of the Environmental Protection Agency (EPA) in promulgating "transportation control" regulations to be included in the air quality implementation...

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