ELR Citation: ELR 20929
No(s). 89-15845 (9th Cir. May 7, 1990)

The court holds moot a company's appeal of a district court order denying its motion to quash evidence from the execution of an administrative warrant issued to the Environmental Protection Agency (EPA) under §104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act. EPA fully executed the warrant and has proposed no further inspection or sampling of air emissions. The court also holds that it would be premature to suppress the evidence obtained from EPA's air emission studies or to review the legality of a hypothetical response action, since EPA has not selected a response action or filed a cost recovery or enforcement action.

Counsel for Plaintiff-Appellant
Chester R. Babst III
Calland, Clements & Zomnir
Two Gateway Ctr., 8th Fl., Pittsburgh PA 15222
(412) 394-5400

Counsel for Defendant-Appellee
Ellen J. Durkee
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2774

Before Wright and Hug, JJ.