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Anaconda Co. v. Ruckelshaus

482 F.2d 1301 (1973)

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Anaconda Co. v. Ruckelshaus

United States Court of Appeals for the Tenth Circuit

482 F.2d 1301 (1973)

Facts

Pursuant to the Clean Air Act, the Environmental Protection Agency (EPA) (defendant) proposed a regulation for the control of sulfur oxide emissions in Deer Lodge County, Montana. The Anaconda Company (Anaconda) (plaintiff) was the only significant source of sulfur oxide pollution in the county. Thus, the proposed regulation would have applied to Anaconda alone. Anaconda demanded an adjudicatory hearing on the proposed regulation, meaning a hearing conducted in the nature of a trial. The EPA refused to grant an adjudicatory hearing but conducted a public hearing during which Anaconda made a statement and submitted material. Anaconda subsequently brought suit against the EPA. The district court enjoined the EPA from promulgating the proposed regulation until it conducted an adjudicatory hearing. The EPA appealed.

Rule of Law

Issue

Holding and Reasoning (Doyle, J.)

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