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U.S. v. MAGNESIUM CORP. OF AMERICA

No. 08-4185.

616 F.3d 1129 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. MAGNESIUM CORPORATION OF AMERICA; Renco Metals; the Renco Group; Ira L. Rennert; Ira Leon Rennert Revocable Trust, Defendants, and U.S. Magnesium LLC, Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 2010.

Attorney(s) appearing for the Case

Robert H. Oakley ( John C. Cruden , Acting Assistant Attorney General; Lisa Jones ; and David Street , with him on the briefs), Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C., for Plaintiff-Appellant United States of America.

Michael D. Zimmerman ( Alan L. Sullivan and Troy L. Booher with him on the brief), Snell & Wilmer, L.L.P., Salt Lake City, UT, for Defendants Magnesium Corporation of America, Renco Metals, The Renco Group, Ira L. Rennert, and Ira Leon Rennert Revocable Trust.

Francis M. Wikstrom ( David W. Tundermann , M. Lindsay Ford , and Juliette P. White , with him on the brief), Parsons Behle & Latimer, Salt Lake City, UT, for Defendant-Intervenor-Appellee U.S. Magnesium LLC.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

As its name advertises, U.S. Magnesium produces magnesium, though in doing so it also generates various waste byproducts. This lawsuit concerns five of those wastes. The government says that U.S. Magnesium's handling of the wastes must but hasn't complied with regulations promulgated under Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"). For its part, U.S. Magnesium challenges the premise of the government's

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