RENO-SPARKS INDIAN COLONY v. U.S. E.P.A.

No. 02-71503.

336 F.3d 899 (2003)

RENO-SPARKS INDIAN COLONY; Great Basin Mine Watch, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Newmont USA Limited, d/b/a Newmont Mining Corporation; State of Nevada, Division of Environmental Protection, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2003.


Attorney(s) appearing for the Case

Roger Flynn, Bradley A. Bartlett, Western Mining Action Project, Boulder, Colorado, for the petitioners.

Andrew J. Doyle, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the respondent.

Marcy G. Glenn, Denise W. Kennedy, Holland & Hart, L.L.P., Denver, Colorado; William J. Frey, Deputy Attorney General, Carson City, Nevada, for the respondents-intervenors.

Before: CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges.


CANBY, Circuit Judge.

This appeal presents the question whether the Clean Air Act program to prevent deterioration of air quality is administered in Nevada: (1) in large air quality planning units encompassing all or nearly all of the state, or (2) in more than 250 smaller units designated by the State. The importance of the issue arises from the fact that certain pollution controls go into effect for a unit when a major pollution source applies for a permit within...

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