• Fifth Circuit Aligns With Third and Ninth Circuits Holding That EPA Notices of Violation Are Not “Final Action”
  • November 1, 2014 | Author: Christopher G. Foster
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In a recently issued decision, the Fifth Circuit Court of Appeals held that the recipient of a Notice of Violation (“NOV”) could not challenge the NOV in the circuit court. Luminant Generation Company, LLC v. U.S. Environmental Protection Agency (Nos. 12-60694, 13-60538). This brings them in line with the Ninth Circuit’s decision in Pacificorp v. Thomas, 883 F. 2d 661 (9th Cir. 1988) and the Third Circuit’s decision in West Penn Power Co. v. Train, 522 F. 2d 302 (3rd Cir. 1975).