Kennecott Copper Corporation, Nevada Mines Division, McGill Nevada v. Douglas M. Costle, Administrator, Environmental Protection Agency

SNEED, Circuit Judge:

This appeal requires us to determine whether a district court under the circumstances of this case has jurisdiction to grant a preliminary injunction requiring the Environmental Protection Agency (EPA) to approve a variance from the requirements of a State Implementation Plan (SIP) properly promulgated under the terms of the Clean Air Amendments of 1970 (formerly 42 U.S.C. §§ 1857 et seq., currently 42 U.S.C. §§ 7401 et seq.; citations generally will be to the sections of the 1970 Amendments rather than to the codified version). In view of the procedural posture of this…