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800 F.2d 822
9th Cir.
1986

ORDER

The petition for a writ of mandamus is granted. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. does not authorize pre-enforcement review of Environmental Protection Agency orders. See Wheaton Industries v. United States Environmental Protection Agency, 781 F.2d 354, 356 (3d Cir.1986); J.V. Peters & Co., Inc. v. Administrator, EPA, 767 F.2d 263, 265 (6th Cir.1985). The district court is directed to enter judgment dismissing the complaint.

A certified copy of this order shall act as and for the mandate of the court.

Case Details

Case Name: Ernesta B. Barnes v. United States District Court for the Western District of Washington, and Time Oil Company, Real Party in Interest
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 13, 1986
Citations: 800 F.2d 822; 16 Envtl. L. Rep. (Envtl. Law Inst.) 21; 86-7040
Docket Number: 86-7040
Court Abbreviation: 9th Cir.
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