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COVINGTON v. JEFFERSON COUNTY

Nos. 02-36000, 02-36035.

358 F.3d 626 (2004)

Michael COVINGTON; Karla Covington, Plaintiffs-Appellants, v. JEFFERSON COUNTY; State of Idaho; District 7 Health Department, Defendants-Appellees. Michael Covington; Karla Covington, Plaintiffs-Appellees, v. Jefferson County; State of Idaho, Defendants, and District 7 Health Department, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2004.

Attorney(s) appearing for the Case

Margaret B. Hinman, Pike & Smith, Idaho Falls, Idaho, for plaintiffs-appellants-cross-appellees Michael and Karla Covington.

Robin D. Dunn, Dunn & Clark, P.A., Rigby, Idaho, for defendant-appellee Jefferson County.

Gregory L. Crockett, Hopkins Roden Crockett Hansen & Hoopes, PLLC, Idaho Falls, Idaho, for defendant-appellee-cross-appellant District 7 Health Department.

Argued and Submitted November 4, 2003 — Seattle, Washington.

Opinion by Judge GOULD; Concurrence by Judge GOULD.

OPINION

GOULD, Circuit Judge.

The Covingtons, who live across from a county dump, brought this citizen's suit against Jefferson County and District 7 Health Department ("D7HD"), charging violations of the Clean Air Act ("CAA") and the Resource Conservation and Recovery Act ("RCRA" a.k.a. the Solid Waste Disposal Act ("SWDA...

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