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BARRICK GOLDSTRIKE MINES INC. v. BROWNER

No. 99-5298.

215 F.3d 45 (2000)

BARRICK GOLDSTRIKE MINES INC., Appellant, v. Carol M. BROWNER, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2000.

Attorney(s) appearing for the Case

Richard E. Schwartz argued the cause for appellant. With him on the briefs was Thomas C. Means.

Todd S. Kim, Attorney, U.S. Department of Justice, argued the cause for the federal appellees. With him on the brief were Lois J. Schiffer, Assistant Attorney General, Mary F. Edgar and Andrew C. Mergen, Attorneys.

Before: EDWARDS, Chief Judge; RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is an appeal from the judgment of the district court dismissing the complaint of Barrick Goldstrike Mines Inc. The case arises under § 313 of the Emergency Planning and Community Right-to-Know Act ("EPCRA"), 42 U.S.C. § 11023. EPCRA requires certain types of facilities that "manufactured," "processed" or "otherwise used"...

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