ELR Citation: ELR 20002
No(s). 88 C 6695 (N.D. Ill. Jan 23, 1989)

The court holds that the Federal Water Pollution Control Act (FWPCA) precludes preenforcement review of compliance orders issued by the Environmental Protection Agency. The compliance order directed plaintiff to cease further discharge of fill material into wetlands and to perform restoration. Preenforcement review of compliance orders is inconsistent with the FWPCA's enforcement scheme. Recipients of compliance orders can raise their challenges in enforcement proceedings. The court notes that failure by the government to pursue enforcement expeditiously will give rise to a laches defense with regard to penalties accrued during the period of noncompliance.

Counsel for Plaintiff
Richard R. Elledge
Gould & Ratner
222 N. LaSalle St., Eighth Fl., Chicago IL 60601
(312) 236-3003

Gary H. Baise
Beveridge & Diamond
1333 New Hampshire Ave. NW, Washington DC 20036
(202) 828-0200

Counsel for Defendants
Gail Ginsberg
5806 Judiciary Center Bldg., 555 Fourth St., Washington DC 20001
(202) 272-6750