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PUERTO RICAN CEMENT CO., INC. v. U.S.E.P.A.

No. 89-1070.

889 F.2d 292 (1989)

PUERTO RICAN CEMENT COMPANY, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided October 31, 1989.

Attorney(s) appearing for the Case

Grant S. Lewis, with whom Daniel R. Dominguez, Dominguez & Totti, G.S. Peter Bergen, Ronald J. Gizzi and LeBoeuf, Lamb, Leiby & MacRae were on brief for petitioner.

Michael A. McCord, Atty., Dept. of Justice, Land and Natural Resources Div., with whom Donald A. Carr, Acting Asst. Atty. Gen., Land and Natural Resources Div., Michael S. Winer, Jeffrey B. Renton, Attys., Office of Gen. Counsel, and Joseph A. Siegel, Office of Regional Counsel, U.S.E.P.A., were on brief for respondent.

Before BOWNES and BREYER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

BREYER, Circuit Judge.

The Puerto Rican Cement Co. (the "Company") wishes to build a new cement kiln, replacing older kilns that it now operates at about 60 percent of their capacity. If operated to achieve about the same level of production, the new kiln will pollute far less than the older kilns; but, if the Company operates the new kiln at significantly higher production levels, it will emit more pollutants than did the older kilns. The Environmental Protection...

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