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RYBACHEK v. U.S. E.P.A.

Nos. 88-7393, 88-7403.

904 F.2d 1276 (1990)

Stanley C. RYBACHEK; Rosalie A. Rybachek, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. ALASKA MINERS ASSOCIATION, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided May 16, 1990.

Attorney(s) appearing for the Case

Rosalie A. Rybachek, North Pole, Alaska, pro se.

Kathleen A. Weeks, Pacific Legal Foundation, Anchorage, Alaska, for petitioner Alaska Miners Ass'n.

Thomas R. Lotterman and Brian J. Plant, Dept. of Justice, Land & Natural Resources, Washington, D.C., Steven Neugeboren, E.P.A., Washington, D.C., for respondent.

Michael M. Wenig, Trustees for Alaska, Anchorage, Alaska, for the intervenors Trustees for Alaska and Northern Alaska Environmental Center.

Before O'SCANNLAIN, LEAVY and TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In a dubious reincarnation of the 1890's world of Yukon poet Robert Service, we deal here a century later with "strange things done in the midnight sun by the men who moil for gold."1 We are asked to determine the validity of Environmental Protection Agency regulations under the Clean Water Act which govern placer mining and have particular impact on the gold-rich streambeds of Alaska. Because the regulations...

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