Pacificorp v. Thomas

Submitted Sept. 6, 1988. Decided Sept. 8, 1988.

Ninth Circuit Court of Appeals · decided 1988-09-08

Relies on Air California v. United States Department of Transportation · West Penn Power Co. v. Train · Union Electric Company v. Environmental Protection Agency

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-08

How this case has been cited

Cited by 3 later decisions — most recently July 2014

2 federal appellate · 1 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Before BROWNING, WIGGINS, and LEAVY, Circuit Judges.

ORDER

¶1

Respondents' motion to dismiss is granted. An EPA notice of violation is not reviewable because it is not a final agency action. See 42 U.S.C. Sec. 7607(b)(1983); Union Electric Co. v. Environmental Protection Agency, 593 F.2d 299, 304-06 (8th Cir.1979); West Penn Power Co. v. Train, 522 F.2d 302, 310-11 (3d Cir.1975); see also Air California v. United States Department of Transportation, 654 F.2d 616, 620-21 (9th Cir.1981) (FAA letter warning of possible civil penalties not reviewable as non-final).