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ASARCO, INC. v. U. S. E. P. A.

No. 77-2822.

616 F.2d 1153 (1980)

ASARCO, INC., Appellee, v. U. S. ENVIRONMENTAL PROTECTION AGENCY et al., Appellants.

United States Court of Appeals, Ninth Circuit.

April 14, 1980.

Attorney(s) appearing for the Case

Todd M. Joseph, Environmental Protection Agency, Washington, D. C., for appellants.

Newman Porter, Phoenix, Ariz., argued for appellee; Evans, Kitchel & Jenckes, P. C., Phoenix, Ariz. James W. Moorman, Washington, D. C., on brief.

Before PECK and TANG, Circuit Judges.

TANG, Circuit Judge.

The Environmental Protection Agency (EPA) appeals the district court's finding that the EPA's order requiring Asarco, Inc. to install a sampling station in the 1000 foot stack at Asarco's copper smelter was arbitrary and capricious. The case requires us to consider the extent to which the district court may go outside the administrative record to review agency action. Although we find that the district...

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