KENNECOTT COPPER v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 75-1878, 78-1560, 76-1241, 78-1894, 76-1242, 76-1287, 78-1686 and 78-1608.

612 F.2d 1232 (1979)

KENNECOTT COPPER CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. HECLA MINING COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. HOMESTAKE MINING COMPANY, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. GULF & WESTERN INDUSTRIES, INC., Petitioner, v. Douglas M. COSTLE, Administrator, EPA, Respondent. RANCHERS EXPLORATION AND DEVELOPMENT CORPORATION, a New Mexico corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided December 10, 1979.


Attorney(s) appearing for the Case

Edwin H. Seeger, of Prather, Seeger, Doolittle & Farmer, Washington, D. C., for petitioners Kennecott Copper Corp. and Hecla Mining Co.

Alfred V. J. Prather, Washington, D. C., on brief, for petitioner, Kennecott Copper Corp.

William F. Boyd, of Brown, Peacock, Kane & Boyd, Kellogg, Idaho, on brief, for petitioner, Hecla Mining Co.

John C. Kapsner, of Kapsner & Kapsner, Bismarck, N. D. (A. P. Fuller, of Admundson & Fuller, Lead, S. D., with him, on brief), for petitioner, Homestake Mining Co.

Kenneth R. Myers, of Morgan, Lewis & Bockius, Philadelphia, Pa. (Kenneth A. Rubin and Douglas E. McAllister, of Morgan, Lewis & Bockius, Washington, D. C., with him, on brief), for petitioner, Gulf & Western Industries, Inc.

Carl A. Calvert, of Poole, Tinnin & Martin, Albuquerque, N. M. (Robert W. Harris, Albuquerque, N. M., with him on brief), for petitioner, Ranchers Exploration and Development Corp.

Mark R. Sussman, Atty. Dept. of Justice, and Barry S. Neuman, Atty., Environmental Protection Agency (Sanford Sagalkin, Acting Asst. Atty. Gen., Angus MacBeth, Atty., Dept. of Justice; and Joan Z. Bernstein, Gen. Counsel, and Steven Schatzow, Deputy Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., of counsel, with them, on brief), for respondent, United States Environmental Protection Agency.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.


SETH, Chief Judge.

These challenges to the several EPA effluent limitation regulations were combined for this consideration. The cases were held pending the development of supplementary regulations. There follows a consideration of each challenge in a separate section. We have included some record references for the purpose of clarity and further explanation.

The many points and issues raised in each case have been considered; however, not all have been discussed...

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