DATE: November 1, 1995
CASE NO. 95-CAA-4
IN THE MATTER OF
WILLIAM SANJOUR,
COMPLAINANT,
v.
U. S. ENVIRONMENTAL PROTECTION AGENCY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provisions of
the Clean Air Act, 42 U.S.C. § 7622 (1988); the Safe
Drinking Water Act, 42 U.S.C. § 300(j)-9(i) (1988); the
Solid Waste Disposal Act, 42 U.S.C. § 6971 (1988); the Water
Pollution Control Act, 33 U.S.C. § 1367 (1988); the
Superfund Law, 42 U.S.C. § 9610 (1988); and the Toxic
Substances Control Act, 15 U.S.C. § 2622 (1988). The
parties submitted a Settlement Agreement seeking approval of the
settlement and dismissal of the complaint with prejudice. The
Administrative Law Judge issued a decision on October 13, 1995,
recommending that the settlement be approved.
The request for approval is based on an agreement entered
into by the parties, therefore, I 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.
[PAGE 2]
I find that the agreement is a fair, adequate and
reasonable settlement of the complaint. Accordingly, I APPROVE
the agreement and DISMISS THE COMPLAINT WITH PREJUDICE.
Paragraph 2.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.