Lloyd A. Fry Roofing Co. v. United States Environmental Protection Agency
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MATTHES, Senior Circuit Judge.
The primary question for determination on this appeal is whether an alleged violator of section 113(a)(1) of the Clean Air Act, 42 U.S.C. § 1857c-8(a)(l), is empowered to maintain a pre-enforcement action to test the validity of an abatement order issued by the Administrator of the Environmental Protection Agency (EPA). This is a question of first impression in the courts of appeals. Lloyd A. Fry Roofing Company (plaintiff) filed such an action against the United States Environmental Protection Agency, Russell Train, as EPA Administrator, Jerome H. Svore, as EPA…
2Cases cited13 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Yakus v. United StatesSupreme Court of the United States · 1944
- Dunlop v. BachowskiSupreme Court of the United States · 1975
- Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
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3Cited by34 opinions
- Tennessee Valley Authority v. WhitmanCourt of Appeals for the Eleventh Circuit · 2003
- Solar Turbines Inc. v. SeifCourt of Appeals for the Third Circuit · 1989
- Hoffman Group, Inc. v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1990
- Phillips Petroleum Company, Phillips Oil Company v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 1986
- Union Electric Company v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 1979
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