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LLOYD A. FRY ROOFING CO. v. UNITED STATES E. P. A.

No. 76-1731.

554 F.2d 885 (1977)

LLOYD A. FRY ROOFING CO., Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1977.

Attorney(s) appearing for the Case

Thomas J. Leittem, Kansas City, Mo., for appellant; John H. Altergott, Jr., Kansas City, Mo., on the brief.

Maryann Walsh, Atty., Land and Natural Resource Div., Appellate Section, U. S. Dept. of Justice, Washington, D. C., for appellee; Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Atty., and Todd M. Joseph, E. P. A., Washington, D. C., on the brief.

Before MATTHES, Senior Circuit Judge, and WEBSTER and HENLEY, Circuit Judges.

MATTHES, Senior Circuit Judge.

The primary question for determination on this appeal is whether an alleged violator of section 113(a)(1) of the Clean Air Act, 42 U.S.C. § 1857c-8(a)(1), is empowered to maintain a pre-enforcement action to test the validity of an abatement order issued by the Administrator of the Environmental Protection Agency (EPA). This is a question of first impression in the courts of appeals. Lloyd A. Fry Roofing Company (plaintiff) filed...

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