ELR Citation: ELR 20884
No(s). 89-1352 (7th Cir. May 14, 1990)

The court rules that the Federal Water Pollution Control Act (FWPCA) precludes preenforcement review of compliance orders issued by the Environmental Protection Agency (EPA) under FWPCA §309(a). EPA issued an order directing a developer to stop filling its wetland and to restore areas it had already filled. FWPCA §309(a)(3) authorizes EPA to choose between issuing a compliance order or filing an enforcement suit. Allowing judicial review of a compliance order before an enforcement suit is brought would eliminate this choice. The developer will be able to present its arguments when EPA brings an enforcement action or if an administrative law judge approves EPA's proposal to assess an administrative penalty.

[The district court's decision is published at 20 ELR 20002.]

Counsel for Plaintiff-Appellant
Virginia Albrecht
Beveridge & Diamond
1350 Eye St. NW, Ste. 700, Washington DC 20005
(202) 789-6000

Counsel for Defendants-Appellees
Gail Ginsberg
U.S. Environmental Protection Agency
219 S. Dearborn St., Rm. 1500, Chicago IL 60604
(312) 353-5300

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and PELL, Senior Circuit Judge.