Opinion for the Court filed by Senior Circuit Judge BAZELON.
Dissenting opinion filed by Senior Circuit Judge MacKINNON.
BAZELON, Senior Circuit Judge:
Petitioner, Sierra Club, challenges the failure of the Environmental Protection Agency (EPA) to place strip mines on the list of pollutant sources subject to fugitive emissions regulations. EPA maintains that no decision has been made whether to include strip mines on the list and that the issue is...
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