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GREAT BASIN MINE WATCH v. U.S. E.P.A.

No. 03-70231.

401 F.3d 1094 (2005)

GREAT BASIN MINE WATCH, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Newmont USA, Limited; State of Nevada, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2005.

Attorney(s) appearing for the Case

Roger Flynn, Bradley A. Bartlett, Western Mining Action Project, Boulder, CO, for the petitioner.

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

William J. Frey, Deputy Attorney General, Carson City, NV, for intervenor State of Nevada.

Before: CANBY, RYMER, and HAWKINS, Circuit Judges.

CANBY, Circuit Judge.

Great Basin Mine Watch petitions for review of a final rule of the Environmental Protection Agency ("EPA") allowing Nevada to split one of its clean air areas ("area 61") into two ("lower 61" and "upper 61"). Great Basin contends that the EPA, by approving the split, violated its statutory and regulatory duties under the Clean Air Act because it failed to consider the effect of a major pollution emitter, Barrick Goldstrike Mine, in area 61. We...

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