In response to the Administrator's argument that plaintiffs' failure to comply with the statutory notice requirement of section 304 (b)(2) barred jurisdiction under the Clean Air Act, the Riverside court found that personal service on the Administrator coupled with a lapse of sixty days between the date of filing the complaint and the date of completion of a hearing on plaintiff's …

—plaintiffs sued the Administrator of the EPA for his failure to publish an air quality implementation plan.

A federal district court in California ordered the Agency to promulgate controls on transportation in Los Angeles

Moreover, the state faced serious statutory pressure as well: EPA was sued successfully by the cities of Riverside and San Bernardino and by the NRDC for granting extensions to the state of California to submit a transportation controls portion of the SIP without legal authority

In any event, experience under the pollution statutes has established that the date for compliance is quite likely to have passed before the court has decided the case, and if the rulemaker has not gathered and digested sufficient information to make a rational decision it is at best bad policy, and very likely to lead to an invalid regulation, to order immediate promulgation.

—concluding that the provisions of subsection (e) "do not apply in this case, since this is a suit... covered by subsection (a)(2

Opening statement by Acting Administrator, Transportation Control Plans, EPA Press Conference (June 15, 1973).

Two cases decided under the Clean Air Act have found that actions coming within the subject matter of that statute's analogue of section 505 (a) could not be brought under other jurisdictional statutes.

The first involved Los Angeles only and was brought by the cities of San Bernardino and Riverside together with certain environmental groups.

More effectively, however, plaintiffs use the savings clause to preserve rights arising from sources other than the environmental statute at issue.

[CITATION] OF CITIZEN INTEREST GROUPS

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