01-1928 Acker v. EPA

By: dmc-admin//May 20, 2002//

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“As a practical matter, the order has no legal force except to impose upon Acker the already-existing burden of complying with the CAA and its implementing regulations. … The order did not impose upon Acker any sanction or administrative penalty. … Without any practical, legal effect, there simply is no issue fit for judicial resolution. … Accordingly, we are without authorization to review the EPA action at issue under section 7607(b)(1).”

“Second, and as mentioned, Acker is not an individual against whom an administrative penalty was assessed or ordered under 42 U.S.C. sec. 7413(d). Indeed, the EPA would have to take additional, affirmative steps before it could enforce the order or impose any sort of sanction. 42 U.S.C. sec.sec. 7413(b), (c).

Consequently, we are likewise without authorization to review the administrative order issued to Acker under section 7413(d).”

Dismissed.

Appeal from the Environmental Protection Agency, Bauer, J.

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