KENNECOTT COPPER CORP., NEV. MINES DIV. v. TRAIN

Civ. No. LV 76-195 RDF.

424 F.Supp. 1217 (1976)

KENNECOTT COPPER CORPORATION, NEVADA MINES DIVISION, McGILL, NEVADA, Plaintiff, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Defendant.

United States District Court, D. Nevada.

November 24, 1976.


Attorney(s) appearing for the Case

Jon R. Collins, of Lionel, Sawyer & Collins, Las Vegas, Nev., Prather, Seeger, Doolittle, Farmer & Ewing, Washington, D. C., Clarence E. Horton, Ely, Nev., for plaintiff.

U. S. Atty. Lawrence J. Semenza, Las Vegas, Nev., John E. Varnum, Dept. of Justice, Washington, D. C., for defendant.

Atty. Gen. Robert List, Carson City, Nev., amicus curiae.


OPINION

ROGER D. FOLEY, Chief Judge.

On October 12, 1976, plaintiff Kennecott Copper Corporation filed a complaint and motion for a preliminary injunction against Administrator Russell E. Train of the Environmental Protection Agency (EPA) seeking declaratory and injunctive relief. Kennecott seeks a determination that a variance and revision of the current Nevada State Implementation Plan (SIP or NIP) for Kennecott's copper smelter located in McGill, Nevada...

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