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MINERS ADVOCACY COUNCIL v. STATE, DEC

Nos. S-2369, S-2370.

778 P.2d 1126 (1989)

MINERS ADVOCACY COUNCIL, INC., Appellant, v. STATE of Alaska, DEPARTMENT OF ENVIRONMENTAL CONSERVATION; Trustees for Alaska; and Northern Alaska Environmental Center, Appellees. TRUSTEES FOR ALASKA and Northern Alaska Environmental Center, Appellants, v. STATE of Alaska, DEPARTMENT OF ENVIRONMENTAL CONSERVATION; Dennis D. Kelso, Commissioner of the Department of Environmental Conservation; and Miners Advocacy Council, Inc., Appellees.

Supreme Court of Alaska.

Rehearing Denied September 18, 1989.

Attorney(s) appearing for the Case

William R. Satterberg, Jr., Fairbanks, for Miners Advocacy Council, Inc.

Patti J. Saunders, Anchorage, and Robert W. Adler, Washington, D.C., for Trustees for Alaska and Northern Alaska Environmental Center.

John A. McDonagh, Asst. Atty. Gen., Fairbanks, Grace Berg Schaible, Atty. Gen., Juneau, for State, Dept. of Environmental Conservation, and Dennis D. Kelso.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

RABINOWITZ, Justice.

These consolidated appeals raise procedural as well as substantive challenges to the Alaska Department of Environmental Conservation's (DEC) certification of National Pollution Discharge Elimination System (NPDES) permits issued to placer gold miners in Alaska by the United States Environmental Protection Agency (EPA).

I. BACKGROUND AND PRIOR PROCEEDINGS.

To comply with the federal Clean Water Act,

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