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IN RE LYON COUNTY LANDFILL, LYND, MN.

No. 04-2689.

406 F.3d 981 (2005)

In the Matter of: LYON COUNTY LANDFILL, LYND, MINNESOTA, Lyon County Board of Commissioners, Appellant, v. United States Environmental Protection Agency, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 9, 2005.

Attorney(s) appearing for the Case

Jay D. Carlson, argued, Fargo, North Dakota (Richard Maes, Marshall, Minnesota, on the brief), for appellant.

Anna T. Katselas, argued, Washington, D.C. (Robert H. Oakley and Daniel R. Dertke, Washington, D.C., on the brief), for appellee.

Before BYE, HEANEY, and MELLOY, Circuit Judges.

HEANEY, Circuit Judge.

The Lyon County Board of Commissioners appeals the district court's1 affirmance of the final decision of the Environmental Protection Agency's (EPA) Environmental Appeals Board (EAB) affirming an administrative enforcement action against Lyon County for violations of section 112 of the Clean Air Act (CAA), 42 U.S.C. § 7412. Lyon County claims that the district court erred in concluding that: (1) the EPA had...

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