The opinion of the court was delivered by: RICHEY
This opinion constitutes the Court's findings of fact and conclusion of law as required by Federal Rules of Civil Procedure 52(a).
Plaintiff, Citizens Association of Georgetown, a non-profit group founded in 1878, has a long history of fighting to preserve the historical, scenic, and national values of this city and its environment. It sues here on behalf of its members as well as itself.
Plaintiff, Committee of 100 on the Federal City, is a non-profit group founded in 1923 which seeks to promote sound land-use planning techniques and, generally, to make the nation's capitol a better place in which to live. It sues on behalf of its members and itself. It alleges that several of its members own property in the Georgetown area and claims that members of the Committee will be seriously injured by the increase in air pollution which will allegedly be produced in the Washington area by the construction of Defendants, Maloney Concrete Company and the Georgetown-Inland Corporation.
Plaintiffs have standing to prosecute this action since the alleged detriment to their health and the potential loss to Defendants, were Plaintiffs to succeed in this suit, exceed $10,000.
The local governmental defendants are the Commissioner of the District of Columbia, Walter E. Washington; the Director of the D.C. Department of Economic Development, Julian R. Dugas; and the Acting Director of the D.C. Department of Environmental Services, William C. McKinney. These Defendants have the authority and responsibility under the Clean Air Act (42 U.S.C. § 1857, et seq.), the District of Columbia Air Pollution Control Act (D.C. Code 6-811, et seq.), and regulations promulgated thereunder, to prepare a comprehensive program to control and prevent air pollution in the District of Columbia.
The corporate Defendants are the Georgetown-Inland Corporations and the Maloney Concrete Company. The Georgetown-Inland Corporations are five affiliates of Inland Steel Corporation. These corporations have plans over the next five years to construct in three phases an $80 million complex consisting of shops, restaurants, offices, a hotel, and a conference center on a seven-acre site in the Georgetown waterfront area. Among the five Inland affiliates, only Georgetown-Inland North Corporation has a building permit and is in the process of construction. Its building will be all-electric and will contain offices, shops, and a parking garage. The Maloney Concrete Company, a Delaware corporation, is the owner and developer of the Dodge Center, a complex of offices, shops and garage, now under construction in the Georgetown waterfront area.
III. JURISDICTION OF THIS COURT
42 U.S.C. § 1857h-2(a) extends federal court jurisdiction to cases not otherwise cognizable, without excluding jurisdiction provided by other provisions. 42 U.S.C. § 1857h-2(e). The importance of § 1857h-2(a) as a jurisdictional provision is that it confers federal jurisdiction over violations of "emission limitations" even if those standards are only proscribed by state or local statutes, if the state or local statute is part of an ...