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STAUFFER CHEMICAL CO. v. E. P. A.

No. 80-1879.

647 F.2d 1075 (1981)

In the Matter of STAUFFER CHEMICAL COMPANY, Plaintiff-Appellee, v. ENVIRONMENTAL PROTECTION AGENCY and United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 8, 1981.

Rehearing Denied June 16, 1981.

Attorney(s) appearing for the Case

Charles F. Lettow, Washington, D. C. (and Eric C. Jeffrey, Washington, D. C., and Blair J. Trautwein, Cheyenne, Wyo., of counsel; Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., and Hathaway, Speight & Kunz, Cheyenne, Wyo., with him on brief), for plaintiff-appellee.

Peter Beeson, Washington, D. C. (Dirk Snel, Atty., Dept. of Justice, and James W. Moorman, Asst. Atty. Gen., Washington, D. C., and Charles E. Graves, U. S. Atty., Cheyenne, Wyo., of counsel; Christopher Herman, Atty., E. P. A., Washington, D. C., with him, on brief), for defendants-appellants.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

The principal issue here to be resolved is whether, under Section 114(a)(2) of the Clean Air Act, an employee of a private company under contract with the Environmental Protection Agency (EPA) is an "authorized representative" of the EPA Administrator for the purpose of entering and inspecting the premises of an emission source. 42 U.S.C. § 7414(a)(2) (Supp. II 1978 and Supp. III 1979). The District Court held that an employee of such...

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