Amicus Curiae Brief — Clean Air Coordinating Committee v. Roth Adam Fuel Co.

Ix Tas

Supreme Court of the United State

Ocroszs Team, 1972

No. 72-243

The State of Montana, by its Attorney General Robert

L. Woodahl, pursuant to Supreme Court Rule 42(4) here-

by requests that the Petition for a Writ of Certiorari be

granted. The State believes that this Court should hear

this case because it involves a reoccuring issue of substan-

tial importance throughout the country.

Under the amendments to the federal Clean Air Act,

many federal implementation plans will be formulated over

the years for each state covering various pollutants. It

was the clear intent of Congress that a state would supply

the key input for every federal implementation plan for

that state. It was also the clear intent of Congress that

there would be adherence to federal time schedules for the

development of such plans especially since they each in-

cluded provisions necessary for the protection of human

health. Contrary to such intent, the Seventh Circuit’s deci-

sion would permit the halting of state input and a dis-

ruption of time schedules due to the initiation by any dis-

satisfied individual of a premature review proceeding

before federal finalization of any implementation plan.

That would be detrimental to the states and their residents.

Respectfully submitted,

Rosert L. Woopan.

Attorney General

State of Montana, by

CRS L. ODox xx

Special Assistant Attorney General

Department of Health and

Environmental Sciences

Cogswell Building

Helena, Montana