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WASTE ACTION PROJECT v. DAWN MINING CORP.

No. 96-36055.

137 F.3d 1426 (1998)

WASTE ACTION PROJECT, Plaintiff-Appellant, v. DAWN MINING CORP.; Newmont Gold, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Richard A. Smith of Smith & Lowney, Seattle, WA, for plaintiff-appellant.

Jeffrey W. Leppo, Karen M. McGaffey, and Karla J. Axell of Bogle & Gates, Seattle, WA, for defendants-appellees.

Before: BRUNETTI, RYMER, and KLEINFELD, Circuit Judges.

BRUNETTI, Circuit Judge.

The issue in this case is whether the Environmental Protection Agency (EPA) has authority under the Clean Water Act (CWA) to regulate the discharge of uranium mill tailings into the nation's waterways. In statutory terms, the question is whether uranium mill tailings are "pollutants" within the meaning of the CWA. The district court, in granting defendant mining companies' motion for summary judgment, answered this question in the negative...

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