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KENNECOTT COPPER CORP. v. TRAIN

No. 75-1335.

526 F.2d 1149 (1975)

KENNECOTT COPPER CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency, Respondent.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied April 19, 1976.

Attorney(s) appearing for the Case

Alfred V. J. Prather (argued), of Prather, Levenberg, Seeger, Doolittle, Farmer & Ewing, Washington, D.C., for petitioner.

Charles W. Shipley, Atty. (argued), of Pollution Control Section, Washington, D.C., for respondent.

Matthew Feiertag, Deputy Atty. Gen. (argued), of General Bureau of Environmental Health, Carson City, Nev., for intervenor.

Before TUTTLE, KOELSCH and BROWNING, Circuit Judges.

OPINION

BROWNING, Circuit Judge:

Kennecott Copper Corporation1 petitions for review of an order of the Environmental Protection Agency (EPA) rejecting a portion of the State of Nevada's implementation plan under the Clean Air Act2 relating to control of sulfur dioxide (SO2), and substituting provisions formulated by EPA. The problem arises from a single source of SO

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