DATE:          November 1, 1995

CASE NO.:      95-CAA-00007

In the Matter of

BRIAN L. HOLTZCLAW
               Complainant

               v.

U.S. ENVIRONMENTAL PROTECTION AGENCY,
AND THE COMMONWEALTH OF KENTUCKY
NATURAL RESOURCES AND ENVIRONMENTAL
PROTECTION CABINET

               Respondents


      RECOMMENDED DECISION AND ORDER ADOPTING
SETTLEMENT

     One of the Respondents, U.S. Environmental Protection Agency
and the Complainant have jointly moved for the approval of a
settlement agreement between them.  This would cause the
voluntary dismissal of that part of the litigation against the
agency (EPA).

     The premises of the agreement appear reasonable, consistent
with relief that would be available to the Department of Labor to
grant, and they are not contrary to public policy.  The only
reservation I have is with respect to item VII.  This concerns
not publishing the facts of the agreement by Complainant or EOA. 
This provision would be acceptable if narrowly construed so as
not to restrict the Secretary of Labor from publishing the
document as is normally the case for decisions of administrative
law judges and the Secretary primarily for the guidance of
attorneys and others who have an interest in this field of
adjudication.

     Keeping that caveat in mind I RECOMMEND to the
Secretary of Labor the APPROVAL of the agreement of
September 12, 1995, and the DISMISSAL of the U.S.
Environmental Protection Agency from these proceedings, including
the forthcoming hearings of November 2-3, 1995 and November 6-9,
1995 in Louisville, Kentucky.

     SO ORDERED

                              Ainsworth H. Brown
                              Administrative Law Judge