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BUNKER HILL CO. v. ENVIRONMENTAL PROT. AGCY.

No. 75-3670.

572 F.2d 1286 (1977)

The BUNKER HILL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 28, 1977.

Attorney(s) appearing for the Case

Edwin H. Seeger, Prather, Levenberg, Seeger, Doolittle, Framer & Ewing, Washington, D. C., argued for petitioner.

Peter E. Heiser, Jr., Wayne Kidwell, Atty. Gen., Boise, Idaho, argued for respondent (amicus).

Charles L. Shipley, Atty., Environmental Protection Agency, Washington, D. C., argued for respondent.

Before SNEED and KENNEDY, Circuit Judges, and POOLE, District Judge.

SNEED, Circuit Judge:

Petitioner challenges the actions of the Environmental Protection Agency (EPA) in rejecting portions of the State of Idaho's implementation plan under the Clean Air Act, 42 U.S.C.A. §§ 1857, et seq. (Supp. 1977), and substituting therefor its own regulations. See 40 Fed.Reg. 53584 (1975). The rejected portions of the Idaho implementation plan deal with the control of sulfur dioxide (SO2) from the Idaho...

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