FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provision of
the Clean Air Act, 42 U.S.C. § 7622 (1988). The parties
submitted a Joint Motion for Dismissal on Basis of Agreement,
seeking approval of the settlement and dismissal of the complaint
with prejudice. The Administrative Law Judge issued a decision
on July 9, 1996, recommending that the settlement be approved.
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. 24 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.
The agreement appears to encompass matters beyond the CAA.
See ¶¶ 2, 3, 4 and 5. For the reasons set forth
in Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order, Nov. 2,
1987, slip op. at 2, we have limited
our review of the agreement to determining whether its terms are
a fair, adequate and reasonable settlement of the Complainant's
allegations that Respondent violated the CAA.
We find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint. Accordingly,
we APPROVE the agreement and DISMISS THE COMPLAINT.
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM
Member
JOYCE D. MILLER
Alternate Member
[ENDNOTES]