Recent Federal Decisions

January 2001

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Court Declines to Vacate Opinion Regarding EPA Final Administrative Order when EPA Vacates Order before Appeal Is Heard
Amoco Oil Company v. United States Environmental Protection Agency

The Tenth Circuit recently upheld a District Court's decision not to vacate a prior opinion which dismissed for lack of subject matter jurisdiction a challenge to the validity of an EPA Final Administrative Order (FAO) where EPA vacated the FAO before an appeal could be heard, thus permitting the district court's decision to stand as valid precedent even though no appeal was permitted.