ELR Citation: ELR 20315
No(s). 83-4226 (D.N.J. Apr 13, 1984)

The court holds that EPA's issuance of an order pursuant to §106 of the Comprehensive Environmental Response, Compensation, and Liability Act directing cleanup and closure of the Kin-Buc Landfill in Edison, New Jersey, does not constitute final agency action, and thus is not subject to judicial review. Since the order is merely a prerequisite to agency enforcement action, the court holds that preenforcement judicial review is premature, even where the party challenging the agency order is subject to penalties for noncompliance. The court notes that parties may assert their objections to the order as defenses or counterclaims after commencement of an enforcement proceeding. The court grants EPA's motion to dismiss the complaints and cross-claims filed against it.

Counsel are listed at 15 ELR 20313.