Ernesta B. Barnes v. United States District Court for the Western District of Washington, and Time Oil Company, Real Party in Interest

Ninth Circuit

Ernesta B. Barnes v. United States District Court for the Western District of Washington, and Time Oil Company, Real Party in Interest

800 F.2d 822, 16 Envtl. L. Rep. (Envtl. Law Inst.) 21

Court of Appeals for the Ninth Circuit·Decided August 13, 1986·No. 86-7040·Published·Cited by 15 cases

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.

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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.

Ernesta B. Barnes v. United States District Court for the Western District of Washington, and Time Oil Company, Real Party in Interest, 800 F.2d 822, 16 Envtl. L. Rep. (Envtl. Law Inst.) 21 (9th Cir. 1986).

Pincite

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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor. (Three Cases). San Luis Obispo Mothers for Peace Scenic Shoreline Preservation Conference, Inc. Ecology Action Club Sandra Silver Gordon Silver Elizabeth Apfelberg and John J. Forster v. United States Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor. George Deukmejian, Governor of the State of California v. United States Nuclear Regulatory Commission and United States of America, Pacific Gas and Electric Company, Intervenor

789 F.2d 26 (D.C. Circuit, 1986)

Opinion

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