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U.S. v. ALCAN FOIL PRODUCTS DIV. OF ALCAN ALUMINUM CORP.

No. 88-6300.

889 F.2d 1513 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. ALCAN FOIL PRODUCTS DIVISION OF ALCAN ALUMINUM CORPORATION, Defendant and Third-Party Plaintiff-Appellee, Atlantic Richfield Company, Third-Party Defendant.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1989.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Richard A. Dennis, Asst. U.S. Atty., Louisville, Ky., Roger J. Marzulla, U.S. Dept. of Justice, Environmental Enforcement Section, Land & Natural Resources Div., David C. Shilton, John T. Stahr (argued), Robert Foster, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Alan E. Dion, Asst. Regional Counsel, U.S.E.P.A., Region IV, Atlanta, Ga., for U.S., plaintiff-appellant.

Lawrence A. Salibra, II (argued), Alfred R. Cowger, Jr., Alcan Aluminum Corp., Cleveland, Ohio, for Alcan Foil Products Div. of Alcan Aluminum Corp., defendant-appellee.

Carolyn M. Brown, Marcus P. McGraw, Greenebaum, Doll & McDonald, Lexington, Ky., for Atlantic Richfield Co., third-party defendant.

Gaylord Ballard, Air Pollution Control Dist. of Jefferson County, Louisville, Ky., for Air Pollution Control Dist. of Jefferson County, Jefferson County Kentucky (District).

Roy K. Snell, Stites & Harbison, Louisville, Ky., for Cabinet for Economic Development, Com. of Ky. (The "COMMONWEALTH"), amicus curiae.

Before KRUPANSKY and RYAN, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This case arose under the Clean Air Act as amended, 42 U.S.C. § 7401 et seq. (the Act). The government brought this enforcement action in the district court pursuant to section 113(a) of the Act, 42 U.S.C. § 7413(a). It alleged that Alcan's Louisville, Kentucky aluminum foil products plant was emitting air pollutants known as volatile organic compounds (VOC), which are precursors in the formation of ozone, in excess of the limits...

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