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ALASKA v. U.S. E.P.A.

Nos. 00-70166, 00-70301, 00-70169, 00-70175.

244 F.3d 748 (2001)

State of ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Cominco Alaska, Inc., an Alaska Corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Christie Whitman, its Administrator, and Chuck Clarke, Regional Administrator, Region 10, of the United States Environmental Protection Agency, Respondents. State of Alaska, Department of Environmental Conservation, Cominco Alaska, Inc., an Alaska Corporation, Petitioner, v. United States Environmental Protection Agency, Christie Whitman, its Administrator, and Chuck Clarke, Regional Administrator, Region 10, of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2001.

Attorney(s) appearing for the Case

Cameron M. Leonard, Assistant Attorney General, State of Alaska, Fairbanks, Alaska; Robert T. Connery and Marcy G. Glenn, Holland & Hart LLP, Denver, Colorado, for the petitioner.

Andrew J. Doyle, United States Department of Justice, Environmental Defense Section, Washington, D.C., for the respondent.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW and RONALD M. GOULD, Circuit Judges.

Argued and Submitted February 13, 2001, Seattle, Washington.

ORDER

The Alaska Department of Environmental Conservation ("ADEC") and Cominco Alaska, Inc. ("Cominco") petition this Court for review of three enforcement orders (the "Orders") entered by the United States Environmental Protection Agency ("EPA"), which effectively invalidated an air quality construction permit issued by ADEC for the construction of a power generator at Cominco's Alaskan mining...

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