American Smelting & Refining Co. v. Arizona Air Pollution Control Hearing Board

OPINION

FROEB, Judge.

We note at the outset that this case has very little to do with air pollution. What it does have to do with is the legal snarl which arises when an administrative agency and the court compete for jurisdiction. In this case the proceedings of both the Air Pollution Control Board and the court have been intermixed like scrambled eggs. We now have the task of unscrambling the eggs so that the appellant and appellees can get on with matters of more primary importance, namely, the control, under law and proper regulations, of emissions from the Hayden Copper Smelter.

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