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A.L. Labs., Inc. v. EPA

Citation: 17 ELR 21093
No. No. 87-1334, 826 F.2d 1123/(D.C. Cir., 08/25/1987)

The court holds that it does not have jurisdiction to review the Environmental Protection Agency's listing of bacitracin as an extremely hazardous substance under the Emergency Planning and Community Right-to-Know Act (EPCRA). Although enacted as part of the Superfund Amendments and Reauthorization Act of 1986, EPCRA is a free-standing statute separate from the Comprehensive Environmental Response, Compensation, and Liability Act. The court concludes that since EPCRA contains no provision granting it jurisdiction, review can only be obtained in the district court under 28 U.S.C. §1331.

Counsel for Petitioner
James H. Wallace Jr., James M. Johnstone, Richard L. McConnell
Wiley, Rein & Fielding
1776 K St. NW, Washington DC 20006-2359
(202) 429-7000

Counsel for Respondent
John A. Amodeo
Office of General Counsel
United States Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 475-8040

Before: WALD, Chief Judge, ROBINSON and D. H. GINSBURG, Circuit Judges.