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In re In re Clean Air Act Admin. Inspection of the Bunker Hill Co.

Citation: 11 ELR 20558
No. No. 80-2087, 15 ERC 1063/(D. Idaho, 10/15/1980)

The district court denies the Bunker Hill Company's motion to quash an administrative search warrant directing it to admit both an Environmental Protection Agency (EPA) employee and a non-employee hired by the agency as an independent contractor for purposes of making an inspection of its zinc smelter in Kellogg, Idaho. There is no support in the Clean Air Act for Bunker Hill's claim that it must admit EPA personnel only. On the contrary, § 114(a)(2) of the Act provides that entry must be granted to the Administrator or his "authorized representative," a term which must be construed to include persons other than Agency employees. This interpretation is reinforced by Congress' use, in §§ 206 and 208 of the Act, of the term "officers and employees," a category of persons clearly more restrictive than "authorized representative." The court therefore orders that the previously issued warrant be enforced and that its effective date be extended.

Counsel for Bunker Hill Co.
William F. Boyd
Brown, Peacock, Keane & Boyd
P.O. Box 659, Kellogg ID 83837
(208) 784-1105

Counsel for EPA
M. Karl Shurtliff, U.S. Attorney
Federal Bldg., Rm. 693, 550 W. Fort St., Boise ID 83724
(208) 334-1211