LEVIN H. CAMPBELL, Circuit Judge.
Appellant Tivian Laboratories, Inc. challenges the constitutionality of the provisions of the Water Pollution Prevention and Control Act (hereinafter, Water Pollution Act), 33 U.S.C. § 1318(a)(1)(A)(v), and the Air Pollution Prevention and Control Act (hereinafter, Air Pollution Act), 42 U.S.C. § 1857c-8(a)(i)(1)(E) (amended by Act Aug. 7, 1977, Pub.L. No. 95-95 § 305(d) and transferred to 42 U.S.C. § 7414(a)(i...
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