ELR Citation: ELR 20974
No(s). 94-3179 (6th Cir. May 26, 1994)

The court holds that it has jurisdiction over a preenforcement challenge to a U.S. Environmental Protection Agency (EPA) stop-work order under Clean Air Act (CAA) §113(a)(5)(A) that requires a company to cease construction of a manufacturing facility. The state of Tennessee had issued the company a construction permit; however, EPA alleged that the permit did not comply with the CAA. The court first holds that CAA §307(b)(1)'s grant of jurisdiction to review any final action of the Administrator indicates that Congress did not intend to preclude review of stop-work orders. The court next holds that the order was final Agency action appropriate for judicial review. The order represents EPA's last word on the subject short of an enforcement action; the impact of the order is practical, immediate, and significant; the question of the propriety of a stop-work order when a state agency has issued a construction permit is purely legal; and immediate review will foster judicial and administrative economy. The court, therefore, denies EPA's motion to dismiss the petition for review and stays the stop-work order pending a decision on the merits.

Counsel for Petitioner
Percy L. Angelo
Mayer, Brown & Platt
190 S. La Salle St., Chicago IL 60603
(312) 701-7330

Counsel for Respondent
Valdas V. Adamkus
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 260-2090

Before: NELSON and SILER, Circuit Judges; and WELLFORD, Senior Circuit Judge.