Page:United States Statutes at Large Volume 91.djvu/806

 91 STAT. 772

PUBLIC LAW 95-95—AUG. 7, 1977

Ante, p. 742. additives), or section 169A (relating to visibility protection), any Ante, p. 726. condition or requirement under part B of title I (relating to ozone Ante, pp. 697, protection) any requirement under section 111 or 112 (without 699-701, 703; regard to whether such requirement is expressed as an emission Post, p. 791. standard or otherwise).". 70s'Post p 796 (^) Section 304(e) of such Act is amended by inserting at the end 42 USC 7604. thereof the following: "Nothing in this section or in any other law of the United States shall be construed to prohibit, exclude, or restrict any State, local, or interstate authority from— r»»rtfe ' "(1) bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court, or " (2) bringing any administrative enforcement action or obtaining any administrative remedy or sanction in any State or local administrative agency, department or instrumentality, against the United States, any department, agency, or instrumentality ^ ' thereof, or any officer, agent, or employee thereof under State or local law respecting control and abatement of air pollution. For provisions requiring compliance by the United States, departments, agencies, instrumentalities, officers, agents, and employees in the same manner as Ante, p. 711. nongovernmental entities, see section 118.". fn/ra. (d) Section 307 of such Act, as amended by section 305 of this Act, is amended by adding the following at the end thereof: •"^ "(e) Nothing in this Act shall be construed to authorize judicial review of regulations or orders of the Administrator under this Act, '^ except as provided in this section.". ^

42 USC 7605.

CrVIL LITIGATION

SEC. 304. (a) Section 305 of the Clean Air Act is amended to read as follows: "REPRESENTATION IN LITIGATION

•"•'•'' ' '

"SEC. 305. (a) The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this Act to which the Administrator is a party. Unless the Attorney General notifies the Administrator that he will appear in such action, within a reasonable time, attorneys appointed by the Administrator shall appear and represent him. "(b) In the event the Attorney General agrees to appear and represent the Administrator in any such action, such representation shall be conducted in accordance with, and shall include participation by, attorneys appointed by the Administrator to the extent authorized by, the memorandum of understanding between the Department of Justice and the Environmental Protection Agency, dated June 13, 1977, respecting representation of the agency by the department in civil litigation.". ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

42 USC 7607.

Ante, p. 691. Ante, p. 694.

SEC. 305. (a) Section 307 of the Clean Air Act is amended by adding the following: new subsection at the end thereof: "(d)(1) This subsection applies to— "(A) the promulgation or revision of any national ambient air quality standard under section 109, "(B) the promulgation or revision of an implementation plan by the Administrator under section 110(c),

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