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HOMESTAKE MIN. CO. v. U. S. ENVIRON. PROTECTION

No. CIV 78-5027.

477 F.Supp. 1279 (1979)

HOMESTAKE MINING COMPANY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, Administrator United States Environmental Protection Agency, Alan Merson, Regional Administrator, Region VIII, United States Environmental Protection Agency.

United States District Court, D. South Dakota.

October 16, 1979.

Attorney(s) appearing for the Case

A. P. Fuller, Lead, S.D., John C. Kapsner, Bismarck, N.D., for plaintiff.

Robert D. Hiaring, U.S. Atty., Sioux Falls, S.D., Mark V. Meierhenry, Atty. Gen., Pierre, S.D., Laurence H. Edelman, Denver, Colo., Mark R. Sussman, Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION

BOGUE, District Judge.

This case is before the Court on cross-motions for summary judgment. It concerns defendant South Dakota's adoption and Defendant Environmental Protection Agency's (EPA) approval of water quality standards under the Federal Water Pollution Control Act (FWPCA). These standards were incorporated in a National Pollution Discharge Elimination System (NPDES) permit issued to Plaintiff Homestake Mining Company.

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