Magistrate Rules Against Lawsuit

A federal magistrate has recommended dismissal of OZ Technology Inc.’s lawsuit against the Environmental Protection Agency.

U.S. Magistrate Larry Boyle said the federal court has no jurisdiction in the case. But former Idaho attorney general David Leroy disagrees.

“If you can’t go to federal district court when a federal agency is trying to drive you out of business, where can you go?” said Leroy, a Boise lawyer representing OZ Technology of Post Falls.

Leroy said he would formally object to Boyle’s recommendation before U.S. District Judge Edward Lodge rules on the case.

OZ Technology’s lawsuit seeks a court order to force EPA employees to refrain from making false statements about the company’s products - OZ-12 and HC-12a.

The products are non-ozone-depleting refrigerant gases meant to replace chlorofluorocarbon-based gases or CFCs. The EPA has not approved them and they now are banned from production.

OZ Technology contends EPA personnel have been telling people the products are illegal for use in automobiles. Technically, said the company, they are legal in cars if used to replace a gas that already is non-ozone depleting.

In his written report and recommendation, Boyle said the federal court had no jurisdiction in the case. He said the actions of EPA personnel did not constitute final agency action. Therefore, the federal court cannot apply the rules of the Clean Air Act or the Administrative Procedure Act.

OZ Technology has 10 days to file a formal objection to the recommendation.