Richard Alan KAMP, Petitioner,
The Environmental Defense Fund, Inc., Petitioner/Intervenor,
v.
John HERNANDEZ, in his capacity as Acting Administrator of the United States Environmental Protection Agency, and the Environmental Protection Agency, Respondents,
Arizona Department of Health Services, Asarco, Incorporated, Kennecott, Inspiration Consolidated Copper Co., Magma Copper Co., and Phelps Dodge Corp., Respondent/Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 11, 1984.
Decided February 5, 1985.
Attorney(s) appearing for the Case
Robert E. Yuhnke, Environmental Defense Fund, Boulder, Colo., for petitioner/intervenor.
F. Henry Habicht, II, Asst. Atty. Gen., Land & Natural Resources Div., Jose R. Allen, David E. Dearing, Attys., Dept. of Justice, Richard Bozof, U.S. EPA, Washington, D.C., for E.P.A.
Newman R. Porter, Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for Asarco Inc.
G. Van Velsor Wolf, Jr., Lewis & Roca, Phoenix, Ariz., for Inspiration Cons. Copper Co.
Alfred V.J. Prather, Kurt E. Blase, Washington, D.C., for Kennecott.
Ralph B. Sievwright, Twitty, Sievwright & Mills, Phoenix, Ariz., Frederick C. Schafrick, Shea & Gardner, Washington, D.C., for Magma Copper Co.
John F. Boland, Jr., Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for Phelps Dodge Corp.
Jon K. Wactor, Asst. Atty. Gen., Phoenix, Ariz., for State of Ariz.
Before FAIRCHILD, FLETCHER and CANBY, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
CANBY, Circuit Judge:
On January 14, 1983, the Environmental Protection Agency ("EPA") approved Arizona's plan for the control of sulphur dioxide (SO2) emissions from copper smelters. Richard Kamp challenges that approval on four grounds. He contends that Arizona's plan creates an excessive risk that emissions from the smelters will violate the national ambient air quality standards for SO2; that the plan improperly uses...
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