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B.J. CARNEY INDUSTRIES INC. v. U.S. E.P.A.

No. 98-70315.

192 F.3d 917 (1999)

B.J. CARNEY INDUSTRIES INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1999.

Attorney(s) appearing for the Case

Jeffrey L. Supinger (argued), Witherspoon, Kelley, Davenport & Toole, Spokane, Washington, for the petitioner.

Thomas H. Pacheco (argued), United States Department of Justice, San Francisco, California, for the respondent.

Before: WILLIAM C. CANBY, JR., MELVIN BRUNETTI and DIARMUID F. O'SCANNLAIN, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge CANBY.

O'SCANNLAIN, Circuit Judge:

We must decide whether the time to file an appeal of a class II civil penalty assessment under the Clean Water Act runs from the issuance of an Administrative Law Judge's civil penalty order, or from the date that such an order becomes final.

I

B.J. Carney Industries, Inc. ("Carney") operated a wood pole treating facility...

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