ELR Citation: ELR 21068
No(s). MS-3623 (D. Idaho Jan 11, 1990)

The court holds that the Environmental Protection Agency (EPA) is entitled under Clean Air Act §114(a)(2)(B) to inspect all documents and records that a company is required by EPA or regulations to maintain, and all other records that are directly related to the purpose of the inspection. The court also holds that EPA's inspection warrant issued under the Clean Air Act is analogous to an administrative subpoena and therefore EPA is not entitled to view all company records and documents, but the target company is responsible for searching its documents to produce all records and documents that are responsive to the warrant. The court holds that the administrative warrant, which authorizes access to records "of any type," is unreasonably burdensome.

Counsel for Minerals Corp. of America
Leslie R. Weatherhead
Witherspoon, Kelley, Davenport & Toole
1111 Third Ave., Ste. 2600, Spokane WA 98101
(206) 447-7345

Cumer Green
Green & Nyman
1505 Tyrell Lane, P.O. Box 2597, Boise ID 83701-2597
(208) 342-8915

Counsel for Environmental Protection Agency
Maurice O. Ellsworth, U.S. Attorney; D. Marc Haws, Ass't U.S. Attorney
District of Idaho
550 W. Fort, Federal Bldg. Box 37, Boise ID 83724
(208) 334-1211

Joan Shirley
Office of Regional Counsel
U.S. Environmental Protection Agency, Region X
1200 Sixth Ave., Seattle WA 98101
(206) 442-1200