ELR Citation: ELR 20382
No(s). C-3-85-365 (S.D. Ohio Nov 25, 1985)

The court rules that a judge hearing a civil penalty action under §113(b) of the Clean Air Act lacks authority to stay or enjoin a §120 civil penalty action for the same violation that is in progress before an administrative law judge. The court first notes that it lacks authority to stay a §120 ...