APACHE POWDER CO. v. U.S.

No. 90-1543.

968 F.2d 66 (1992)

APACHE POWDER COMPANY, an Arizona Corporation, Petitioner, v. UNITED STATES of America, United States Environmental Protection Agency, William K. Reilly, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1992.


Attorney(s) appearing for the Case

Don D. Skypeck, with whom J. Ruth Sproull, David P. Kimball, III, and James J. Hamula, Phoenix, Ariz., were on the brief, for petitioner.

David A. Dana, Atty., Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen. and Michael A. McCord, Atty., Dept. of Justice, and Raymond Ludwiszewski, Acting Gen. Counsel and Lawrence E. Starfield, Acting Asst. Gen. Counsel, E.P.A., Washington, D.C., were on the brief, for respondents. George B. Wyeth, Atty., E.P.A., Eileen T. McDonough and Lewis M. Barr, Attys., Dept. of Justice, Washington, D.C., also entered appearances, for respondents.

Before: MIKVA, Chief Judge, SILBERMAN and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Apache Powder Company operates a plant in St. David, Arizona. From 1922 to 1963 it manufactured nitroglycerine-based explosives, and since 1963 has made ammonium nitrate. A by-product of these efforts, according to the Environmental Protection Agency, is waste water in unlined ponds with high levels of nitrates and heavy metals, as well as nitrates in shallow...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases