UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter

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Sanjour v. United States Environmental Protection Agency, 95-CAA-4 (Sec'y Nov. 1, 1995)

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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,
ar. 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.