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ASARCO INC. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 76-1030 and 76-1037.

578 F.2d 319 (1978)

ASARCO INCORPORATED, Newmont Mining Corporation, and Magma Copper Company, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. SIERRA CLUB, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator, United States Environmental Protection Agency, Respondents, ASARCO Incorporated, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1978.

Opinion Concurring in Part and Dissenting in Part February 28, 1978.

Attorney(s) appearing for the Case

Ralph J. Moore, Jr., Washington, D. C., with whom Frederick C. Schafrick, Washington, D. C., and Robert E. Denham, Los Angeles, Cal., were on the brief, for petitioners in No. 76-1030 and intervenors in No. 76-1037.

John D. Hoffman, San Francisco, Cal., with whom Ronald J. Wilson, Washington, D. C., was on the brief, for petitioner in No. 76-1037 and amicus curiae in No. 76-1030.

William L. Want, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Washington, D. C., was on the brief, for respondents. Gerald K. Gleason, Atty., Environmental Protection Agency, Washington, D. C., also entered an appearance for respondents.

Before WRIGHT, LEVENTHAL and MacKINNON, Circuit Judges.

Concurring opinion filed by Circuit Judge LEVENTHAL.

Circuit Judge MacKINNON filed an opinion concurring in part and dissenting in part on February 28, 1978.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

These cases involve challenges by ASARCO Incorporated, Newmont Mining Corporation, and Magma Copper Company (hereinafter referred to collectively as ASARCO) and the Sierra Club (Sierra)

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