FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the Clean Air Act (CAA), 42 U.S.C. §
7622 (1988). The parties submitted a Confidential Settlement Agreement and General Release
to the Administrative Law Judge (ALJ) seeking approval of the settlement and dismissal of the
complaint. The ALJ issued a Recommended Order of Dismissal on December 23, 1996
approving the settlement.
The request for approval is based on an agreement entered into by the
parties, therefore, we must review it to determine whether the terms are a fair, adequate and
reasonable settlement of the complaint. 29 C.F.R. § 24.6. Macktal v. Secretary
of Labor, 923 F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Dep't of
Labor, 885 F.2d 551, 556 (9th Cir. 1989); Fuchko and Yunker v. Georgia Power
Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.
Review of the agreement reveals that it may encompass the settlement
of matters under laws other than the CAA. See Settlement Agreement ¶ 9. As stated
in Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2:
[The Secretary's] authority over settlement agreements is limited to
such statutes as are within [the Secretary's] jurisdiction and is defined by the applicable
statute. See Aurich v. Consolidated Edison Company of New York, Inc.,
Case No. [86-]CAA-2, Secretary's Order Approving Settlement, issued July 29, 1987;
Chase v. Buncombe County, N.C., Case No. 85-SWD-4, Secretary's Order
on Remand, issued November 3, 1986.
[Page 2]
We have therefore, limited our review of the
agreement to determining whether the terms thereof are a fair, adequate and reasonable
settlement of Complainant's allegation that Respondent violated the CAA.
The Board requires that all parties requesting settlement approval of
cases arising under the CAA provide the settlement documentation for any other alleged claims
arising from the same factual circumstances forming the basis of the federal claim, or to
certify that no other such settlement agreements were entered into between the parties.
Biddy v. Alyeska Pipeline Service Company, ARB Case Nos. 96-109, 97-015,
Final Order Approving Settlement and Dismissing Complaint, Dec. 3, 1996, slip op. at 3.
Accordingly, the parties have certified that the agreement constitutes the entire and only
settlement agreement with respect to the complainant's claims.
We find that the agreement, as so construed, is a fair, adequate, and
reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and
DISMISS THE COMPLAINT WITH PREJUDICE. See Settlement Agreement ¶ 5.
SO ORDERED.
DAVID A. O'BRIEN Chair
KARL J. SANDSTROM Member
JOYCE D. MILLER Alternate Member
[ENDNOTES]
1 On April 17, 1996, a
Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute to the
newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96
contains a comprehensive list of the statutes, executive order, and regulations under which the Administrative
Review Board now issues final agency decisions. Final procedural revisions to the regulations implementing
this reorganization were also promulgated on that date. 61 Fed. Reg. 19982.