United States v. Adamo Wrecking Co.

EDWARDS, Circuit Judge.

The United States appeals from dismissal without trial of a criminal indictment against defendant Adamo Wrecking Company. The first issue presented by this case is whether or not either the District Court or this court had or has jurisdiction to review an “emission standard” adopted as a regulation under the Clean Air Act, 42 U.S.C. § 1857 (1970). The second issue (if it is reached) is whether or not 40 C.F.R. § 61.22 (1975), which is quoted below, is or is not “an emission standard” within the meaning of 42 U.S.C. § 1857c-7 (1970):

§ 61.22 Emission Standard(d)…