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

Nos. 83-2338, 83-2339 and 83-2356.

765 F.2d 126 (1985)

QUIVIRA MINING COMPANY and Homestake Mining Company, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

June 10, 1985.

Attorney(s) appearing for the Case

G. Stanley Crout, Santa Fe, N.M. (Sunny J. Nixon, Santa Fe, N.M., with him on brief), Stephenson, Carpenter, Crout & Olmsted, Santa Fe, N.M., for petitioner Homestake Mining Co.

Richard A. Meserve, Washington, D.C. (Peter J. Nickles and Theodore Voorhees, Jr., Washington, D.C., with him on brief), Covington & Burling, Washington, D.C., for petitioner Quivira Mining Co.

John L. Wittenborn, Dept. of Justice, Washington, D.C. (Jose R. Allen, Dept. of Justice, and Colburn T. Cherney and Joseph Freedman, E.P.A., Washington, D.C., with him on brief), for respondent.

Before HOLLOWAY, Chief Judge, DOYLE, Circuit Judge, and SAFFELS, District Judge.

SAFFELS, District Judge.

Petitioners in these consolidated cases challenge the authority of the Environmental Protection Agency [hereinafter EPA] under the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq., to regulate the discharge of pollutants from uranium mining and milling facilities into gullies or "arroyos."

Quivira Mining Company [formerly Kerr-McGee Nuclear Corp.] is contesting EPA permits (National Pollution Discharge Elimination...

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