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

No. 81-1630.

728 F.2d 477 (1984)

QUIVIRA MINING COMPANY, (formerly Kerr-McGee Nuclear Corporation), Gulf Oil Corporation and Union Carbide Corporation, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 1984.

Attorney(s) appearing for the Case

Peter J. Nickles, Covington & Burling, Washington, D.C. (Charles H. Montange, Kenneth E. Carroll, Covington & Burling, Washington, D.C., and G. Stanley Crout, C. Mott Woolley, Bigbee, Stephenson, Carpenter, Crout & Olmsted, Santa Fe, N.M., with him on the brief), for plaintiffs-appellants.

John L. Wittenborn, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Donald W. Stever, Nancy B. Firestone, Rosanne Mayer, Attys., Dept. of Justice, Washington, D.C., and Christopher C. Herman, Atty., E.P.A., Washington, D.C., with him on the brief), for defendants-appellees.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Plaintiffs-Appellants, Quivira Mining Company, Kerr-McGee Nuclear Corporation and other energy related companies, brought an action in the United States District Court for the District of New Mexico in which they challenged an Environmental Protection Agency (E.P.A.) regulation establishing standards for permissible doses of radiation released from uranium fuel cycle operations. 40 C.F.R. Part 190.10(a) (1980). The companies maintained...

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