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HOMESTAKE MINING CO. v. UNITED STATES E. P. A.

No. 78-1454.

584 F.2d 862 (1978)

HOMESTAKE MINING COMPANY, a corporation, of Lead, South Dakota, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, Administrator, United States Environmental Protection Agency, Alan Merson, Regional Administrator, Region VIII, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1978.

Attorney(s) appearing for the Case

A. P. Fuller, Lead, S. D., for petitioner.

James W. Moorman, Asst. Atty. Gen., Land and Natural Resources Div., Angus MacBeth, Chief, Pollution Control Section, Mark R. Sussman, Atty., Dept. of Justice, and Nancy Othmer, Atty., Water Quality Div., Washington, D. C., for respondents.

Before LAY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Homestake Mining Company owns and operates a large gold mining and milling facility in the City of Lead, South Dakota. Its wastewater is discharged into Gold Run Creek, a tributary of Whitewood Creek, which has been classified as a cold water marginal fishery by the State of South Dakota.

On September 3, 1976, the Environmental Protection Agency issued Homestake a final National Pollutant Discharge Elimination System (NPDES) permit, which set specific...

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