UNITED STATES of America et al., Plaintiffs-Appellees,
Minnesota Environmental Law Institute, Inc., et al., Plaintiffs-Intervenors-Appellees,
State of Minnesota and Minnesota Pollution Control Agency, Plaintiffs-Appellees-Appellants,
v.
RESERVE MINING COMPANY et al., Defendants-Appellants-Appellees,
Northern Minnesota Development Association et al., Defendants-Intervenors-Appellants.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted October 13, 1976.
Decided October 28, 1976.
Attorney(s) appearing for the Case
Edward T. Fride, Duluth, Minn., Wayne G. Johnson, Silver Bay, Minn., for Reserve Mining Co., et al., O. C. Adamson, II, Minneapolis, Minn., Raymond L. Erickson, Duluth, Minn., Maclay R. Hyde and Timothy H. Butler, William T. Egan, G. Alan Cunningham, Minneapolis, Minn., on the briefs.
Peter R. Taft, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for the U. S.; Edmund B. Clark, Alfred T. Ghiorzi and John E. Varnum, Attys., Dept. of Justice, G. William Frick, Gen. Counsel, Pamela P. Quinn, E. P. A., Washington, D. C., on the briefs.
Philip Mause, Washington D. C., for Environmental Defense Fund, Inc.; Howard J. Vogel, St. Paul, Minn., on the briefs.
Byron E. Starns, Chief Deputy Atty. Gen., St. Paul, Minn., for State of Minn.; Warren R. Spannaus, Atty. Gen., State of Minn., James M. Schoessler and Alan R. Mitchell, Sp. Asst. Attys. Gen., St. Paul, Minn., on the briefs.
Robert B. McConnell, Asst. Atty. Gen., Madison, Wis., for State of Wis.; Bronson C. LaFollette, Atty. Gen. of Wis., on the briefs.
William P. Dinan, Duluth, Minn., for City of Duluth.
Randall W. Whitworth, Lansing, Mich., for the State of Mich.; Frank J. Kelley, Atty. Gen., Robert Derengoski, Sol. Gen., Jerome Malsowski, Russell E. Prins, Asst. Attys. Gen., Lansing, Mich., on the briefs.
Johnson & Thomas, Silver Bay, Steven J. Seiler, John M. Donovan, Duluth, Minn., Bruce Anderson, Two Harbors, Minn., Keith Brownell, Duluth, Minn., Fred Cina, Aurora, Minn., on brief for Northeastern Minn. Development Assn., Duluth Area Chamber of Commerce, Village of Babbitt, Village of Beaver Bay, Range League of Municipalities & Civic Assns., St. Louis County, Silver Bay Chamber of Commerce, Village of Silver Bay, Town of Beaver Bay, Lake County Lax Lake Property Owners Assn.
Before LAY, BRIGHT, ROSS, STEPHENSON and HENLEY, Circuit Judges, en banc.
United States Court of Appeals, Eighth Circuit.
BRIGHT, Circuit Judge.
These appeals relate to matters which remained with the district court for further consideration following our decision in Reserve Mining Co. v. Environmental Protection Agency,514 F.2d 492 (1975).1
In particular, these appeals raise questions concerning the propriety of the rulings of the district judge (Hon. Edward Devitt, Chief Judge) in levying fines and penalties...
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