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ASARCO INC. v. STATE

No. 27914.

69 P.3d 139 (2003)

138 Idaho 719

ASARCO INCORPORATED, Coeur Silver Valley, Inc., and Hecla Mining Company, Plaintiffs-Respondents, v. STATE of Idaho, Idaho Department of Environmental Quality, Director of the Department of Environmental Quality and Idaho Board Of Environmental Quality, Defendants-Appellants.

Supreme Court of Idaho, Boise, February 2003 Term.

April 25, 2003.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellants. Darrell G. Early, Deputy Attorney General, argued.

Hull, Branstetter & Simpson, Wallace, for respondent ASARCO. Timothy H. Butler argued.

Barker Rosholt & Simpson, LLP, Boise, for respondent Hecla Mining. Albert P. Barker argued.

William F. Boyd, Coeur d'Alene, for respondent Coeur Silver Valley.

TROUT, Chief Justice.

This is a state administrative law case involving issues specific to the federal Clean Water Act. The Idaho Department of Environmental Quality (DEQ) appeals from a district court order invalidating the Total Maximum Daily Load (TMDL) DEQ developed for lead, zinc, and cadmium in the Coeur d'Alene River Basin.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Pursuant to the federal Clean Water Act and the Idaho Water Quality Act...

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