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NATIONAL-SOUTHWIRE ALUMINUM CO. v. U.S. E.P.A.

No. 86-3982.

838 F.2d 835 (1988)

NATIONAL-SOUTHWIRE ALUMINUM CO., Petitioner-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lee A. Thomas, Administrator; and Jack E. Raven, Regional Administrator, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1988.

Rehearing and Rehearing Denied March 25, 1988.

Attorney(s) appearing for the Case

Chester R. Babst, III, argued, Steven H. Haake, Babst, Calland, Clements, & Zomnir, Pittsburgh, Pa., for petitioner-appellant.

Lee A. Thomas, Adm. EPA, Joseph M. Feller, argued, Earl C. Salo, Brian V. Faller, Lead Counsel, Envir. Defense Section, Land & Natural Resources, U.S. Dept. of Justice, Washington, D.C., Jack E. Raven, Reg. Adm. EPA, Atlanta, Ga., for respondents-appellees.

Before GUY and BOGGS, Circuit Judges; and WOODS, District Judge.

Rehearing and Rehearing En Banc Denied March 25, 1988.

RALPH B. GUY, Jr., Circuit Judge.

National-Southwire Aluminum Company (NSA) petitions this court for review of a determination by the United States Environmental Protection Agency (EPA) that the turning off of certain pollution control equipment (i.e., wet scrubbers) at NSA's aluminum reduction plant in Hawesville, Kentucky, would constitute a "modification" of a stationary source within the meaning of...

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