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ALASKA, DEPT. ENVIRON. CONSERV. v. U.S. E.P.A.

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

298 F.3d 814 (2002)

State of Alaska, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. Teck Cominco Alaska Incorporated, Petitioner, v. United States Environmental Protection Agency, Respondent. Teck Cominco Alaska Incorporated, Petitioner, v. United States Environmental Protection Agency, Respondent. Teck Cominco Alaska Incorporated, Petitioner, v. United States Environmental Protection Agency, Carol M. Browner, Administrator, and Chuck Clarke, Regional Administrator, Region 10, of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 27, 2001.

Resubmitted July 30, 2002.

Filed July 30, 2002.

Attorney(s) appearing for the Case

Cameron M. Leonard, Assistant Attorney General, State of Alaska, Fairbanks, Alaska; Robert T. Connery, Holland & Hart, Denver, Colorado, for the petitioners.

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

Before: REINHARDT, WARDLAW, and GOULD, Circuit Judges.

WARDLAW, Circuit Judge.

The Alaska Department of Environmental Conservation ("ADEC") and Teck Cominco Alaska, Inc. ("Cominco") petition for review of three enforcement orders entered by the United States Environmental Protection Agency ("EPA"), which effectively invalidated a Prevention of Significant Deterioration ("PSD") permit issued by ADEC to Cominco. Petitioners challenge the EPA's authority to issue these orders, and...

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