Legal Opinion

B & B Chemical Company, Inc., W.B. Brock, Jr. v. United States Environmental Protection Agency Defendants

Court of Appeals for the Eleventh Circuit

Decided December 22, 1986No. 86-5008PublishedCited by 37 opinions

1Opinion of the Court

KEITH, Circuit Judge:

Appellant, B and B Chemical Company, Inc. (“B & B”), appeals the decision of Judge Edward B. Davis, United States District Court, Southern District of Florida, lifting the stay of an administrative warrant and dismissing appellant’s complaint, thereby allowing appellee United States Environmental Protection Agency (“EPA”) to enter and inspect B & B’s grounds to determine if the site presented a danger to human health. The district court based its decision, in part, on its perceived lack of jurisdiction to quash the warrant. Because we find that appellant’s claims are moot…

2Cases cited10 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  4. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  5. St. Pierre v. United StatesSupreme Court of the United States · 1943

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3Cited by37 opinions

  1. National Broadcasting Company, Inc. v. Communications Workers of America, Afl-CioCourt of Appeals for the Eleventh Circuit · 1988
  2. Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
  3. Cathleen Carmen Mary Whiting v. Peter L. Krassner, A/K/A Mike Cimino Peter KrassnerCourt of Appeals for the Third Circuit · 2004
  4. The News-Journal Corporation, a Florida Corporation v. Honorable S. James Foxman, Circuit Judge, Seventh Judicial Circuit, State of FloridaCourt of Appeals for the Seventh Circuit · 1991
  5. Brooks v. Georgia State Board of ElectionsCourt of Appeals for the Eleventh Circuit · 1995

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