Ernesta B. Barnes v. United States District Court for the Western District of Washington, and Time Oil Company, Real Party in Interest
This text of 800 F.2d 822 (Ernesta B. Barnes v. United States District Court for the Western District of Washington, and Time Oil Company, Real Party in Interest) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The petition for a writ of mandamus is granted. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. does not authorize pre-enforcement review of Environmental Protection Agency orders. See Wheaton Industries v. United States Environmental Protection Agency, 781 F.2d 354, 356 (3d Cir.1986); J.V. Peters & Co., Inc. v. Administrator, EPA, 767 F.2d 263, 265 (6th Cir.1985). The district court is directed to enter judgment dismissing the complaint.
A certified copy of this order shall act as and for the mandate of the court.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
800 F.2d 822, 16 Envtl. L. Rep. (Envtl. Law Inst.) 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernesta-b-barnes-v-united-states-district-court-for-the-western-district-ca9-1986.