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MATTER OF INVESTIGATION PURSUANT TO CLEAN AIR ACT

No. MS-3623.

728 F.Supp. 626 (1990)

In the Matter of An INVESTIGATION PURSUANT TO the CLEAN AIR ACT, 42 U.S.C. §§ 7401 et seq. In re BUNKER HILL MINING AND SMELTER COMPLEX, Located in Shoshone County, Near the Towns of Kellogg and Smelterville, Idaho.

United States District Court, D. Idaho.

January 11, 1990.

Attorney(s) appearing for the Case

Leslie R. Weatherhead, Witherspoon, Kelley, Davenport & Toole, P.S., Spokane, Wash., Cumer Green, Green & Nyman, Boise, Idaho, for Minerals Corp. of America.

Maurice O. Ellsworth, U.S. Atty., D. Marc Haws, Asst. U.S. Atty., District of Idaho, Boise, Idaho, Richard B. Stewart, Asst. Atty. Gen., David A. Carson, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D.C. (Patricia A. Embrey, Office of Gen. Counsel, Justina C. Fugh, Office of Enforcement and Compliance Monitoring, U.S. E.P.A., Washington, D.C., Joan Shirley, Office of Regional Counsel, E.P.A., Region X, Seattle, Wash., of counsel), for E.P.A.

ORDER DENYING MOTION TO QUASH AND GRANTING PROTECTIVE ORDER

RYAN, Chief Judge.

I. FACTS

On September 5, 1989, the United States, at the request of the Administrator for the United States Environmental Protection Agency (EPA), applied for an ex parte Administrative Warrant for Entry and Inspection. The warrant as drafted and ultimately entered, authorized the EPA or its authorized representative to enter...

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