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HECLA MIN. CO. v. U.S.

No. 88-2958.

909 F.2d 1371 (1990)

HECLA MINING COMPANY, Plaintiff-Appellant, v. UNITED STATES of America; John S. Herrington, as Secretary of U.S. Department of Energy; A. David Rossin, as Assistant Secretary for Nuclear Energy; James D. Anderson, as Project Manager, Uranium Mill Tailings Remedial Action Project Office, U.S. Department of Energy; Thomas Vernon, as Executive Director, Colorado Department of Health; and Howard Roitman, as Uranium Mill Tailings Remedial Action Project Manager, Colorado Department of Health, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 31, 1990.

Attorney(s) appearing for the Case

Joseph M. McMahon, Jr., Elizabeth H. Temkin, and Roger L. Freeman of Davis Graham & Stubbs, Denver, Colo., on the briefs, for plaintiff-appellant.

Donald A. Carr, Acting Asst. Atty. Gen. for the Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Michael J. Norton, Acting U.S. Atty., D. Colo., J. Greg Whitehair, Asst. U.S. Atty., D. Colo., Dirk D. Snel, Jeffrey P. Kehne, and David W. Zugschwerdt, Attys. for the Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., and P. Benjamin Underwood, Atty., Office of Gen. Counsel, U.S. Dept. of Energy, Washington, D.C., of counsel, for Federal defendants-appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Jerry W. Goad, First Asst. Atty. Gen., Natural Resources Section, State of Colo., Denver, Colo., for State defendants-appellees.

Before McKAY, MOORE and ANDERSON, Circuit Judges.

McKAY, Circuit Judge.

This case involves an appeal from the district court's grant of summary judgment. The district court refused to declare plaintiff's land parcels part of a government-funded cleanup program and refused to order defendants to undertake remedial action at the sites.

I. Facts

Hecla Mining Company owns two parcels near Naturita, Colorado. The first parcel, the Naturita parcel, was used to produce uranium for contracts with the United...

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