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United States v. Adamo Wrecking Co.

Citation: 7 ELR 20001
No. No. 75-1967, 545 F.2d 1/9 ERC 1443/(6th Cir., 11/01/1976)

The court reverses a lower court's dismissal of a criminal indictment charging a wrecking company with violating an asbestos emission standard in the course of demolishing a building. The district court erred in determining that it had jurisdiction to review the validity of the standard in the context of an enforcement proceeding under § 113 of the Clean Air Act. Section 307(b) provides that jurisdiction for review of the standard as well as the procedures by which it was promulgated lies in the court of appeals and only in response to a petition filed within 30 days of the standard's promulgation. The court finds that this conclusion is supported by both the legislative history and the relevant case law. The lower court was correct, however, in ruling that the indictment adequately set forth all the essential elements and details of the alleged offense, and that the defendant was thus fully apprised of the nature of the charge against it.

Counsel for Plaintiff-Appellant
Phillip Van Dam, U.S. Attorney
817 Federal Bldg.
Detroit MI 48226
(313) 226-3100

John J. Zimmerman
Edmund B. Clark
Jacques Gelin
Department of Justice
Washington DC 20530
(202) 737-8200

Counsel for Defendant-Appellee
John E. Scott
Wiley T. Daniel
Dickinson, Wright, McKean & Cudlip
800 1st National Bank Bldg.
Detroit MI 48226
(313) 962-5860

Burton T. Weitzenfeld
Stanley M. Lipnick
Arnstein, Gluck, Weitzenfeld & Minow
75th Floor Sears Tower
Chicago IL
(312) 876-7100

Before: PHILLIPS, Chief Judge, EDWARDS and PECK, Circuit Judges.