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KENNECOTT COPPER CORP. v. ENVIRONMENTAL PROTECTION AGCY.

No. 71-1410.

462 F.2d 846 (1972)

KENNECOTT COPPER CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Project on Clean Air of the Natural Resources Defense Council, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1972.

Attorney(s) appearing for the Case

Mr. William H. Dempsey, Jr., Washington, D. C., with whom Mr. David W. Miller, Washington, D. C., was on the brief, for petitioner.

Mr. Raymond N. Zagone, Atty., Department of Justice, with whom Mr. Shiro Kashiwa, Asst. Atty. Gen., and Messrs. Edmund B. Clark and James R. Walpole, Attys., Department of Justice, were on the brief, for respondent.

Mr. Richard E. Ayres, New York City, for intervenor Project on Clean Air of the Natural Resources Defense Council, Inc.

Messrs. Hugh B. Cox and Richard B. Herzog, Washington, D. C., were on the brief for intervenors Newmont Mining Corporation and Magna Copper Company.

Before WRIGHT, TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

In this appeal, Kennecott Copper Corporation attacks the "national secondary ambient air quality standards" for sulfur oxides, promulgated by the Environmental Protection Agency on April 30, 1971.1 It raises as objections that the standards (1) were not "based on" the underlying "air quality criteria" issued by the Government, as required by Section 109 of the Clean Air...

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