In the Matter of Stauffer Chemical Company v. Environmental Protection Agency and United States of America

McWILLIAMS, Circuit Judge.

The principal issue here to be resolved is whether, under Section 114(a)(2) of the Clean Air Act, an employee of a private company under contract with the Environmental Protection Agency (EPA) is an “authorized representative” of the EPA Administrator for the purpose of entering and inspecting the premises of an emission source. 42 U.S.C. § 7414(a)(2) (Supp. II 1978 and Supp. Ill 1979). The District Court held that an employee of such independent contractor is not an “authorized representative” of the Administrator, and EPA appeals.

Stauffer Chemical Company is a…