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United States v. Interlake, Inc.

Citation: 7 ELR 20669
No. No. 76-C-3599, 432 F. Supp. 987/10 ERC 1285/(N.D. Ill., 06/06/1977) Protective order set aside

The court sets aside a temporary protective order prohibiting the Environmental Protection Agency (EPA) from placing defendant's Chicago coke manufacturing plant on the agency's "List of Violating Facilities" and thus making it ineligible for federal contracts, grants, or loans for alleged violations of Clean Air Act standards made applicable to the plant through the Illinois state implementation plan. Section 306(c) of the Act and Executive Order 11738 give EPA the legal authority to promulgate regulations permitting blacklisting once a civil enforcement suit has been initiated for alleged violationsof statutory requirements rather than only after a criminal conviction as defendant contends. The court also rules that defendant's assertion that the agency's blacklisting regulations violate the Administrative Procedure Act is premature since the listing proceeding has not yet commenced.

Counsel for Plaintiff
Samuel K. Skinner, U.S. Attorney, Thomas G. Dent, Ass't U.S. Attorney
219 S. Dearborn St., Chicago IL 60604
(312) 353-5300

Counsel for Defendant
Henry L. Pitts, W. Geral Thursby, Dixie L. Laswell
Rooks, Pitts, Fullagar & Poust
Suite 1776, 208 S. La Salle St., Chicago IL 60604
(312) 372-5600