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A & W SMELTER AND REFINERS, INC. v. CLINTON

No. 97-15596.

146 F.3d 1107 (1998)

A & W SMELTER AND REFINERS, Inc, a California corporation, Plaintiff-Appellant, v. William J. CLINTON, in his official capacity as President of the United States; Carol M. Browner, in her official capacity as Administrator of the U.S. Environmental Protection Agency; Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Matthew J. Nasuti, McQuaid, Metzler, McCormick & Van Zandt, San Francisco, California, for the plaintiff-appellant.

John T. Stahr, Department of Justice, Environment and Natural Resources Division, Washington, DC, for the defendants-appellees.

Before: GOODWIN, KOZINSKI and THOMPSON, Circuit Judges.

KOZINSKI, Circuit Judge.

The Environmental Protection Agency ordered plaintiff to dispose of ore containing gold and silver because it also contained small quantities of lead. We must resolve various questions of statutory etymology on the way to deciding who must pay for this disposal.1

The Ore in Motion and at Rest

"Ore Pile # 2" (O2P) at A & W Smelter's processing facility...

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