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KENNECOTT CORP. v. E. P. A.

Nos. 80-2036, 80-2039 to 80-2041 and 81-1173.

684 F.2d 1007 (1982)

KENNECOTT CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ASARCO INCORPORATED and Magma Copper Company, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. The BUNKER HILL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. MOLYCORP, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ASARCO INCORPORATED, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1982.

Attorney(s) appearing for the Case

David Booth Beers, Washington, D. C., with whom Frederick C. Schafrick, Nancy C. Shea, James E. Kaplan and Lucinda M. Finley, Washington, D. C., were on brief, for petitioners in Nos. 80-2039 and 81-1173.

Alfred V. J. Prather, Washington, D. C., with whom Carl B. Nelson, Jr., Richard T. Witt, William F. Boyd and Edwin H. Seeger, Washington, D. C., were on brief, for petitioners in Nos. 80-2036 and 80-2040.

E. William Cale was on brief for petitioner in No. 80-2041.

Todd M. Joseph, Asst. Gen. Counsel, E.P.A., Washington, D. C., with whom Robert M. Perry, Gen. Counsel, E.P.A., Donald W. Stever, Patrick J. Cafferty and Jeffrey C. Smith, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Before TAMM and ROBB, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Chief Judge MARKEY.

MARKEY, Chief Judge:

Petitioners Kennecott Corporation (Kennecott), Phelps Dodge Corporation, Bunker Hill Company (Bunker), Molycorp, Inc. (Molycorp), Asarco, Inc. (Asarco) and Magma Copper Company (Magma) seek review of the final regulations of the Environmental Protection Agency (EPA) promulgated under Section 119 of the Clean Air Act (Act) as amended 42 U.S.C. § 7419, and governing issuance of primary...

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