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TRUSTEES FOR ALASKA v. E.P.A.

Nos. 83-7764, 83-7961.

749 F.2d 549 (1984)

TRUSTEES FOR ALASKA and Gilbert M. Zemansky, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Alaska Miners Association, Inc., Intervenor. ALASKA MINERS ASSOCIATION, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Trustees for Alaska, et al., Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1984.

Attorney(s) appearing for the Case

Jeffrey M. Eustis, Randall E. Farleigh, Farleigh & Waldock, Anchorage, Alaska, for petitioners.

Margaret B. Silver, E.P.A., Scott Slaughter, U.S. Dept. of Justice, Land & Nat. Resources Div., Washington, D.C., for respondent.

Before CHAMBERS, FERGUSON and BEEZER, Circuit Judges.

FERGUSON, Circuit Judge:

These consolidated cases involve petitions for review of approximately 170 National Pollutant Discharge Elimination System (NPDES) permits issued by the Environmental Protection Agency (EPA) to Alaska gold placer miners in 1976 and 1977.

I. BACKGROUND

A. Placer Mining

A "placer" is an alluvial or glacial deposit containing particles of gold. Placer mining to remove the gold is often done on a large scale...

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