RESERVE MIN. CO. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 73-1239, 74-1291, 74-1466, 74-1816, 74-1977, 75-1003 and 75-1005.

514 F.2d 492 (1975)

RESERVE MINING COMPANY, a Minnesota Corporation, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and William D. Ruckelshaus, Individually and as Administrator of the Environmental Protection Agency, Respondents. RESERVE MINING COMPANY et al., Appellants, v. UNITED STATES of America et al., Appellees. UNITED STATES of America, Appellant, v. RESERVE MINING COMPANY et al., Appellees. RESERVE MINING COMPANY et al., Appellants, v. UNITED STATES of America et al., Appellees. The STATE OF WISCONSIN, Appellant, v. RESERVE MINING COMPANY et al., Appellees. MINNESOTA ENVIRONMENTAL LAW INSTITUTE, INC., et al., Appellants, v. UNITED STATES of America et al., Appellees. The STATE OF MICHIGAN, Appellant, v. RESERVE MINING COMPANY et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 14, 1975.

As Modified on Rehearing and Order on Remand April 8, 1975.


Attorney(s) appearing for the Case

O. C. Adamson, II, Maclay R. Hyde, Minneapolis, Minn., Edward T. Fride, Duluth, Minn., for Reserve Mining Co.

Edmund B. Clark, Chief, Appellate Section, Dept. of Justice, Thomas F. Bastow, Washington, D. C., for United States and Environmental Protection Agency.

Byron E. Starns, Chief Deputy Atty. Gen., St. Paul, Minn., for State of Minnesota and Minnesota Pollution Control Agency.

Robert M. McConnell, Asst. Atty. Gen., Madison, Wis., for State of Wisconsin.

Frank J. Kelly, Atty. Gen., Clive D. Gemmill, Asst. Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., for State of Michigan.

William T. Egan, Minneapolis, Minn., for Republic Steel Corp.

G. Alan Cunningham, Minneapolis, Minn., for Armco Steel Corp.

Wayne G. Johnson, Johnson & Thomas, Silver Bay, Minn., for Northeastern Minnesota Development Ass'n, and others.

John M. Donovan, Duluth, Minn., for appellee.

Howard J. Vogel, Minneapolis, Minn., for Minnesota Environmental Law Institute, and others.

Philip J. Mause, Washington, D. C., for Environmental Defense Fund.

John G. Engberg, Minneapolis, Minn., for U. S. Steelworkers of America, AFL-CIO, amicus curiae.

Michael R. Sherwood, San Francisco, Cal., for Sierra Club, amicus curiae.

Before LAY, BRIGHT, ROSS, STEPHENSON and WEBSTER, Circuit Judges, En Banc.


BRIGHT, Circuit Judge.

The United States, the States of Michigan, Wisconsin, and Minnesota, and several environmental groups seek an injunction ordering Reserve Mining Company1 to cease discharging wastes from its iron ore processing plant in Silver Bay, Minnesota, into the ambient air of Silver Bay and the waters of Lake Superior. On April 20, 1974, the district court granted the requested relief and ordered that the discharges immediately...

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