Kennecott Utah Copper LLC lawfully exceeded a limit on material tonnage it was allowed to move from a mine site under Utah’s plan for coarse particulate matter pollution, a federal judge ruled, dismissing a lawsuit against the mining giant (Utah Physicians for a Healthy Env’t v. Kennecott Utah Copper LLC, D. Utah, No. 2:11-cv-01181, 6/8/16).
The plain language of Utah’s 1994 coarse particulate matter state implementation plan allows a valid approval order to authorize Kennecott to exceed a limit of 150.5 million tons per year of material moved, Judge Robert J. Shelby of the U.S. District Court for ...
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