Allsteel, Inc. v. United States Environmental Protection Agency and John H. Hankinson, Jr.

The petitioner, Allsteel, Inc., seeks pre-enforcement judicial review of an order in which the United States Environmental Protection Agency directed Allsteel “to cease any and all construction activities of any kind at [its Milan, Tennessee] facility.” Although the Division of Air Pollution Control of the Tennessee Department of Environment and Conservation had issued a permit for construction of the manufacturing facility in question, the EPA maintains that the permit was not in compliance with provisions of the federal Clean Air Act, 42 U.S.C. §§ 7401 et seq. The Tennessee authorities take…