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ASBESTEC CONST. SERVICES, INC. v. U.S. E.P.A.

No. 539, Docket 87-4120.

849 F.2d 765 (1988)

ASBESTEC CONSTRUCTION SERVICES, INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 15, 1988.

Attorney(s) appearing for the Case

Peter John Sacripanti, New York City (Beveridge & Diamond, P.C., of counsel), for petitioner.

Michael M. Wenig, Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Roger J. Marzulla, Acting Asst. Atty. Gen., Christopher C. Herman, Office of General Counsel, U.S. E.P.A., Alexandra Callam, Asst. Regional Counsel, U.S. E.P.A. Region II, Francis S. Blake, General Counsel, Alan W. Eckert, Associate General Counsel, Charles Carter, Asst. General Counsel, U.S. E.P.A., Washington, D.C., of counsel), for respondent.

Before KAUFMAN, CARDAMONE and PRATT, Circuit Judges.

CARDAMONE, Circuit Judge:

Asbestec Construction Services, Inc. petitions for review of a compliance order issued by the Environmental Protection Agency (EPA) after it found that petitioner had violated § 112 of the Clean Air Act, 42 U.S.C. § 7412 (1982). Courts cannot entertain jurisdiction in an area where Congress has specified that judicial review is unavailable. Further, granting review of the instant petition would serve only to burden appellate courts...

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