or Secretary's authority to enforce any provision of this Act; except that any violation- (i) with respect to which the Administrator or the Secretary has commenced and is diligently prosecuting an action under this subsection, (ii) with respect to which a State has commenced and is difigently prosecuting an action under a State law comparable to this subsection, or (iii) for which the Administrator, the Secretary, or the State has issued a final order not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable State law, as the case may be, shall not be the subject of a civil pena Supp. 1476, 1485 (D.Colo.1994) (same) with Citizens for a Better Environment v. Union Oil Co., 861 F.Supp. 889, 906 (N.D.Cal.1994) (<HOLDING>). In this circuit, there is no doubt that
recognizing that plaintiffs had standing to allege infringements of their first amendment rights where the record established that they had been threatened with enforcement of the statute and that such enforcement would cause them injury holding that a question about present employment in field of law enforcement did not trigger disclosure of past employment in field of law enforcement holding that assessment of state enforcement comparability should be similar to epa enforcement comparabifity which requires penalties holding that court enforcement of a settlement agreement is not state action for constitutional purposes holding that law enforcement commission was a benefit of employment