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...
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