I shall enter against New Jersey and in favor of plaintiffs a judgment of liability in regard to these missed steps.
In reaching this conclusion, I reject a number of legal arguments advanced by API as amicus and by New Jersey. First, I reject API's claim that this case will not be ripe for review until it becomes apparent that on December 31, 1987 New Jersey will not be complying with the EPA's ozone standards. As my earlier discussion should make clear, this case concerns New Jersey's compliance with its SIP. New Jersey's compliance with the ozone standards themselves is an issue logically once-removed from the question of SIP compliance, and for reasons stated in my discussion of the standard of liability faced by New Jersey, it is not an issue legally relevant to this case. Second, I reject API's argument that the Tenth Amendment bars federal intrusion into state rulemaking and rule enforcement of the kind at issue here. In Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 83 L. Ed. 2d 1016, 105 S. Ct. 1005 (1985), the Supreme Court stated in the broadest of terms that "State sovereign interests are more properly protected by procedural safeguards inherent in the structure of the federal system than by judicially created limitations on federal power." 469 U.S. at 552. Garcia ended attempts to instill substantive detail in the open-ended terms of the Tenth Amendment. In the face of Garcia, I reject API's invocation of states' rights. Third, I reject API's argument that this court lacks subject matter jurisdiction over Clean Air Act suits brought by citizens against states which violate their own SIPs. Section 304 of the Act, 42 U.S.C. § 7604, states in part that federal courts have jurisdiction over cases in which "any person" commences "a civil action on his own behalf - (1) against . . . any government instrumentality . . . who is alleged to be in violation of (A) an emission standard or limitation under this chapter . . ." Section 7604 continues by stating in part that "(F) For purposes of this section, the term 'emission standard or limitation under this chapter' means -- . . . . (3) . . . any condition or requirement under an applicable implementation plan relating to transportation control measures, air quality maintenance plans, vehicle inspection and maintenance programs or vapor recovery requirements . . . which is in effect under this chapter . . . or under an applicable implementation plan." Since plaintiffs' suit fits within the definition of actions over which federal jurisdiction is granted under § 304, the Act clearly provides this court with jurisdiction over this case. See League to Save Lake Tahoe, Inc. v. Trounday, 598 F.2d 1164, 1169-72 (9th Cir.), cert. denied, 444 U.S. 943, 62 L. Ed. 2d 310, 100 S. Ct. 299 (1979); see also Council of Commuter Organizations v. Metropolitan Transit Authority, 683 F.2d 663, 670-71 (2d Cir. 1982).
Finally, I reject at this time New Jersey's argument that relief against the state would violate principles of equity. These arguments are irrelevant to my findings of liability today. New Jersey should recast these arguments to the extent they are applicable when it takes its position on the undecided issue of what relief plaintiffs are due. I note that plaintiffs have sought as part of this motion an order compelling New Jersey to submit a proposed timetable for SIP compliance. In order to properly consider of the relief issue, I shall order the parties to submit by October 30, 1987 proposed timetables for New Jersey's compliance with its SIP, and to appear on November 9, 1987 for oral argument on their submissions.
In conclusion, I have granted in its entirety plaintiffs' motion for partial summary judgment on the issue of New Jersey's liability under the Clean Air Act for failure to comply with its 1983 ozone SIP. The parties shall follow with the briefing and argument schedule set out above so that the court may proceed to the issue of what relief plaintiffs are due from New Jersey.
An appropriate order has been filed.
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