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KENNECOTT CORP. v. E.P.A.

Nos. 80-2036, 80-2039, 80-2040, 80-2041 and 81-1173.

804 F.2d 763 (1986)

KENNECOTT CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ASARCO INCORPORATED and Magma Copper Company, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. The BUNKER HILL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. MOLYCORP, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ASARCO INCORPORATED, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 1986.

Attorney(s) appearing for the Case

Bruce C. Swartz, with whom Nancy C. Shea, Washington, D.C., was on the motion for award of attorneys' fees, for petitioners, ASARCO, Inc., et al.

Carl Strass, Atty., Dept. of Justice, Washington, D.C., for respondent.

Before BORK, STARR and SILBERMAN, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

This case involves a dispute over attorneys' fees that grows out of our decision in Kennecott Corp. v. EPA, 684 F.2d 1007 (D.C.Cir.1982). In that case, petitioners were partially successful in challenging EPA regulations governing the issuance of primary nonferrous smelter order (NSO) regulations. On June 13, 1985, the original panel issued a brief per curiam order granting petitioners...

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