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Committee to Save Black Mesa v. EPA

Citation: 5 ELR 20042
No. Nos. 73-1536 et al., (9th Cir., 11/25/1974)

The Ninth Circuit Court of Appeals, upon consideration of a stipulation of all parties, dismisses without prejudice three petitions for review of an EPA regulation requiring 70 percent removal of sulfur dioxide from the stack gases of the Navajo power plant in Page, Arizona. The stipulation provides for implementation of a joint six-month monitoring program which will establish the level of removal necessary to meet the national ambient air quality standards. Environmentalist plaintiffs, who challenged the 70 percent figure as too lenient, and the power company, which argued it was too stringent, both agree to accept the level established as necessary by the program, but reserve their rights to challenge any other provisions of the Arizona implementation plan. Copies of the Monitoring Program are available through ELR's Digest Facsimile Service (ELR Dig. [318], 98 pp. $9.80).

Counsel for Petitioners Committee to Save Black Mesa, Inc., et al.
Joseph J. Brecher
Native American Rights Fund
1506 Broadway
Boulder, Colo. 80302

Counsel for Petitioners Arizona Public Service Company and Salt River Project Agricultural Improvement and Power District
Jon L. Kyl
Bruce Norton
Snell & Wilmer
Valley Center
Phoenix, Ariz. 85004

Counsel for Petitioner State of Arizona
Patrick M. Murphy Asst. Attorney General
State Capitol
1700 W. Washington Street
Phoenix, Ariz. 85007

Counsel for Respondent
Wallace H. Johnson Asst. Attorney General
Edmund B. Clark
Thomas C. Lee
Bruce J. Chasan
Department of Justice
Washington, D.C. 20530

Chambers and Duniway, JJ.