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Administrative Law Keyed to Asimow
Anaconda Co. v. Ruckelshaus
Citation:
482 F.2d 1301 (1973)Facts
Anaconda Copper Company operated a smelter in Deer Lodge County, Montana, which was the only significant source of sulfur oxide pollution in the county. After Montana submitted an implementation plan that omitted provisions for controlling sulfur oxide emissions, the EPA disapproved the plan and proposed its own regulation limiting emissions to 7,040 pounds per hour, a significant reduction from Anaconda’s current emission rate of 64,000 pounds per hour. Anaconda requested an adjudicatory hearing, but the EPA planned only a legislative or informational hearing. Anaconda argued that the proposed limitation was technologically and economically unfeasible and would create water pollution problems. Before the administrative process was completed, Anaconda filed suit in the U.S. District Court for Colorado seeking an injunction to prevent the EPA from promulgating the regulation without conducting an adjudicatory hearing and preparing an environmental impact statement. The district court granted the injunction, and the EPA appealed.
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