ELR Citation: ELR 20676
No(s). 01-1928 (7th Cir. May 17, 2002)

The court holds that it lacks jurisdiction to grant an individual's motion to dismiss a U.S. Environmental Protection Agency order issued to the individual regarding his failure to comply with federal regulations while conducting an asbestos removal. The court first holds that the order issued to the individual was not a final agency action. It did not mark the consummation of anything, as its terms refer only to the possibility that an enforcement process may be initiated in the future event of noncompliance with existing regulations highlighted in the order. The order has no legal force except to impose upon the individual the already existing burden of complying with the Clean Air Act and its implementing regulations. Additionally, the order did not impose upon the individual any sanction or administrative penalty. Therefore, the court is without jurisdiction to hear the individual's motion and it was dismissed.

Counsel for Petitioner
William S. Roush Jr.
Davis & Kuelthau
111 E. Kilbourn Ave., Ste. 1400, Milwaukee WI 53202
(414) 276-0200

Counsel for Respondent
Alan D. Greenberg
Environment and Natural Resources Division
Department of Justice
999 18th St., Ste. 945, Denver CO 80202
(303) 312-7324