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DELAWARE VALLEY CITIZENS' COUNCIL FOR CLEAN AIR V.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


November 9, 1982

DELAWARE VALLEY CITIZENS' COUNCIL FOR CLEAN AIR; AMERICAN LUNG ASSOCIATION OF PHILADELPHIA AND MONTGOMERY COUNTY; DELCHESTER LUNG ASSOCIATION; SIERRA CLUB, PENNSYLVANIA CHAPTER; FRIENDS OF THE EARTH OF THE DELAWARE VALLEY; CITIZENS" COMMITTEE FOR ENVIRONMENTAL CONTROL; KEVIN QUINN; KAYSI FARRELL; RUTH G. WEISS; JOHN KLINKNER; ELIZABETH S. BIEZ and MONA SHULMAN
v.
COMMONWEALTH OF PENNSYLVANIA; WILLIAM T. SHERLOCK, Individually and as Secretary of the Pennsylvania Department of Transportation; MAURICE K. GODDARD, Individually and as Secretary of the Pennsylvania Department of Environmental Resources AND UNITED STATES OF AMERICA v. COMMONWEALTH OF PENNSYLVANIA; THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION and WILLIAM T. SHERLOCK, Secretary of the Pennsylvania Department of Transportation; THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES and MAURICE K. GODDARD, Secretary of the Pennsylvania Department of Environmental Resources

The opinion of the court was delivered by: BECHTLE

MEMORANDUM AND ORDER

 BECHTLE, J.

 On August 29, 1978, the Commonwealth of Pennsylvania ("Commonwealth") and two of its administrative agencies voluntarily entered into a consent decree with the United States of America ("United States") and the Delaware Valley Citizens' Council for Clean Air ("DVCCCA"). In that consent decree, the Commonwealth defendants agreed to establish an automobile emissions inspection and maintenance program ("I/M program") for the Philadelphia and Pittsburgh areas. On January 22, 1982, this Court found the Commonwealth in civil contempt for failing to implement the agreed upon I/M program. As part of its Order the Court imposed the following sanction:

 

The Secretary of the United States Department of Transportation ("Secretary"), or his designee, shall not approve any projects or award any grants under Title 23 of the United States Code in the Philadelphia or Pittsburgh Areas, . . ., other than for safety, mass transit, or transportation improvement projects related to air quality improvement or maintenance, see 42 U.S.C. ยง 7506(a);

 Delaware Valley Citizens' Council for Clean Air v. Commonwealth of Pennsylvania, 533 F. Supp. 869, 884-885 (E.D. Pa. 1982). That Order was affirmed on appeal. 678 F.2d 470 (3d Cir. 1982), cert. denied, 459 U.S. 969, 103 S. Ct. 298, 74 L. Ed. 2d 280, 51 U.S.L.W. 3339 (1982). Presently before the Court is a request by the Commonwealth for approval of federal funding for seven projects in the Philadelphia and Pittsburgh areas. The seven projects for which exemptions are sought are as follows: Total PennDOT FHWA Federal Amt. Federal Proposal Approval Basis of Project No. of Project Funds Date Date Exemption PMS-GOOS(124) $200,000 $200,000 7/27/82 9/17/82 Safety PMS-OOS(128) 888,000 888,000 7/27/82 9/17/82 Safety BRM-H014(1) 8,232,000 6,585,600 9/1/82 9/24/82 Safety I-376-1(38)(0) 45,745,025 41,027,764 9/20/82 9/24/82 Safety I-95-1(91) (14) 46,306,384 41,675,744 9/22/82 9/23/82 Safety & Air Quality BRF-280(6) 40,575 32,460 9/20/82 9/29/82 Safety SRS-2000(384) 100,000 90,000 9/20/82 9/29/82 Safety $101,511,984 $90,499,568

19821109

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