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No. 8980449
United States Court of Appeals for the Ninth Circuit
Pacificorp v. Thomas
No. 8980449 · Decided September 8, 1988
No. 8980449·Ninth Circuit · 1988·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 8, 1988
Citation
No. 8980449
Disposition
See opinion text.
Full Opinion
ORDER 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. § 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).
Plain English Summary
An EPA notice of violation is not reviewable because it is not a final agency action.
Key Points
01An EPA notice of violation is not reviewable because it is not a final agency action.
02Environmental Protection Agency, 593 F.2d 299, 304-06 (8th Cir.1979); West Penn Power Co.
03Train, 522 F.2d 302, 310-11 (3d Cir.1975); see also Air California v.
04United 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).
Frequently Asked Questions
An EPA notice of violation is not reviewable because it is not a final agency action.
FlawCheck shows no negative treatment for Pacificorp v. Thomas in the current circuit citation data.
This case was decided on September 8, 1988.
Use the citation No. 8980449 and verify it against the official reporter before filing.