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United States v. Alcan Foil Prods.

ELR Citation: 18 ELR 21006
Nos. No. 87-0434-L (CS), 694 F. Supp. 1280/28 ERC 1323/(W.D. Ky., 03/15/1988)

The court holds that the Environmental Protection Agency (EPA) is barred from bringing an enforcement action against an alleged violator of a state implementation plan (SIP) under the Clean Air Act until EPA acts on a proposed revision of the SIP, where EPA has delayed acting on the revision more than four months. The issue is not whether defendant is in compliance with the proposed SIP revision, but rather whether EPA has acted responsibly in acting on the revision. The court also notes that since the local enforcement agency and EPA disagree as to whether defendant's facility complies with the proposed revision, an enforcement action is inappropriate.

Counsel for Plaintiff
Richard Dennis
U.S. Attorney's Office
510 West Broadway, Louisville KY 40202
(502) 582-5911

Robert Foster
Land & Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-1448

Counsel for Defendant
Lawrence A. Salibra II
Alcan Aluminum Inc.
29th Fl., 100 Erieview Plaza, Cleveland OH 44114
(216) 523-6865