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SINCLAIR OIL CORP. v. SCHERER

No. 92-8042.

7 F.3d 191 (1993)

SINCLAIR OIL CORPORATION, Plaintiff-Appellee, v. James SCHERER, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region VIII; Lee M. Thomas, in his official capacity as Administrator of the United States Environmental Protection Agency; United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 7, 1993.

Attorney(s) appearing for the Case

Henry W. Ipsen of Holme Roberts & Owen, Denver, CO, and Stanley K. Hathaway of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, WY, for plaintiff-appellee.

Katherine W. Hazard, Dept. of Justice (Vicki A. O'Meara, Acting Asst. Atty. Gen., Edward J. Shawaker, and Jerel L. Ellington, Dept. of Justice, Stephen G. Pressman, and Larry Sperling, U.S. E.P.A., with her on the brief), Washington, DC, for defendants-appellants.

Before BRORBY and McWILLIAMS, Circuit Judges, and BROWN, Senior United States District Judge.

BRORBY, Circuit Judge.

The sole question presented by this appeal is whether an administrative penalty action was previously settled in a prior consent decree between the parties. The trial court held the consent decree barred the administrative action. We reverse.

Background

Sinclair Oil Corporation operated a petroleum refinery in central Wyoming, and in conjunction therewith, hazardous waste management units known as separator ponds. The ponds...

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