Bunker Hill Company Lead and Zinc Smelter v. Environmental Protection Agency

658 F.2d 1280 16 ERC 1552 , 72 A.L.R.Fed. 168 In the Matter of Clean Air Act Administrative Inspection of: The BUNKER HILL COMPANY LEAD AND ZINC SMELTER, Kellogg, Idaho, and The Bunker Hill Company, a corporation, Plaintiff-Appellant, v. U. S. ENVIRONMENTAL PROTECTION AGENCY and Irwin J. (Bud) Weisenberg, Defendants-Appellees. No. 80-3446. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1981. Decided Oct. 13, 1981. William F. Boyd, Brown, Peacock, Keane & Boyd, Kellogg, Idaho, for plaintiff-appellant. Judson W. Starr, Washington, D. C. (argued), for defendants-appellees; M. Karl Shurtliff, Boise, Idaho, on brief. Appeal from the United States District Court for the District of Idaho. Before SNEED and BOOCHEVER, Circuit Judges, and ROTHSTEIN * , District Judge. SNEED, Circuit Judge: 1 The United States Environmental Protection Agency (EPA), pursuant to the Clean Air Act, 42 U.S.C. §§ 7401 et seq., sought to inspect the Bunker Hill Company's Idaho plant. After one inspector was denied entry because he was not an EPA employee, the EPA obtained a warrant ordering Bunker Hill to permit the inspector to enter the plant and conduct the…