Judge Irving Hill and Clean Air

Eric Malnic’s obituary for federal Judge Irving Hill noted several of his important cases (March 19). One that Hill resolved by granting a preliminary injunction turned out to be the legal cornerstone of the 25-year struggle to clean up Southern California’s smog.

In 1972, using the new federal Clean Air Act, the cities of Riverside and San Bernardino plus a number of local environmental groups sued the Environmental Protection Agency to force action on a plan to reduce ozone pollution in the L.A. region. Congress had given citizens the right to sue the EPA for failure to perform any mandatory duty under the act. Then-EPA Administrator William Ruckelshaus announced that nothing short of 97% gasoline rationing would solve L.A.’s ozone problem. The Justice Department argued that Congress couldn’t possibly have meant to shut down the L.A. basin. Judge Hill ordered the Nixon administration to follow the law.

As a result of his clear and courageous ruling, local, state and federal environmental officials redoubled their efforts and regulations that forced development of new technology were adopted. Skies over communities across the country are cleaner as a result.

MARY D. NICHOLS, Exec. Dir.

Environment Now, Los Angeles