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U.S. v. NORTHSHORE MIN. CO.

Nos. 08-1423, 08-1529, 08-1533.

576 F.3d 840 (2009)

UNITED STATES of America, Plaintiff-Appellee, Minnesota Center for Environmental Advocacy; State of Wisconsin; Save Lake Superior Association; State of Minnesota; Minnesota Pollution Control Agency, Intervenor Plaintiffs-Appellees, United States Environmental Protection Agency; State of Michigan; City of Duluth, Intervenor Plaintiffs, v. NORTHSHORE MINING COMPANY, Defendant-Appellant, County of Lake, Minnesota; Northeastern Minnesota Development Association; Duluth Area Chamber of Commerce; Village of Babbitt, Ranger League of Municipalities and Civil Associations; Village of Beaver Bay; St. Louis County; Village of Silver Bay; City of Superior; United States Corps of Engineers; City of Two Harbors; Lax Lake Property Owners Association, Intervenor Defendants. United States of America, Plaintiff-Appellant, Minnesota Center for Environmental Advocacy; State of Wisconsin; Save Lake Superior Association; State of Minnesota; Minnesota Pollution Control Agency, Intervenor Plaintiffs-Appellees, United States Environmental Protection Agency; State of Michigan; City of Duluth, Intervenor Plaintiffs, v. Northshore Mining Company, Defendant-Appellee, County of Lake, Minnesota; Northeastern Minnesota Development Association; Duluth Area Chamber of Commerce; Village of Babbitt, Ranger League of Municipalities and Civil Associations; Village of Beaver Bay; St. Louis County; Village of Silver Bay; City of Superior; United States Corps of Engineers; City of Two Harbors; Lax Lake Property Owners Association, Intervenor Defendants. United States of America, Plaintiff-Appellee, Minnesota Center for Environmental Advocacy; State of Wisconsin; Save Lake Superior Association, Intervenor Plaintiffs-Appellees, State of Minnesota; Minnesota Pollution Control Agency, Intervenor Plaintiffs-Appellants, United States Environmental Protection Agency; State of Michigan; City of Duluth, Intervenor Plaintiffs, v. Northshore Mining Company, Defendant-Appellee, County of Lake, Minnesota; Northeastern Minnesota Development Association; Duluth Area Chamber of Commerce; Village of Babbitt, Ranger League of Municipalities and Civil Associations; Village of Beaver Bay; St. Louis County; Village of Silver Bay; City of Superior; United States Corps of Engineers; City of Two Harbors; Lax Lake Property Owners Association, Intervenor Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 17, 2009.

Attorney(s) appearing for the Case

Geoffrey K. Barnes, argued, Cleveland, OH, Vincent Atriano, John D. Lazzaretti, Cleveland, OH, James A. Mennell, William P. Hefner, Minneapolis, MN, on the brief, for Appellant/Cross-Appellee.

Katherine Wade Hazard, U.S.D.O.J., argued, Carol Holmes, Office of General Counsel, EPA, James Cha, Assist. Reg. Cnsl., Region 5, EPA, Chicago, IL, Tahani Rivers, Office of Enforcement and Compliance Assurance, EPA, Ronald J. Tenpas, AAG, Robert H. Oakley, Stacey W. Person, Lisa A. Cherup, U.S.D.O.J., Environment & Natural Resources Div., on the brief, Washington, DC, for Appellee/Cross-Appellant.

Carla J. Heyl, AAG, argued, Robert B. Roche, AAG, on the brief, St. Paul, MN, for Appellees/Cross-Appellants.

Kevin Reuther, argued, St. Paul, MN, Reed Zars, Laramie, WY., Michael Madigan, Amy L. de Kok, Minneapolis, MN, on the brief, for Appellee.

Before BYE, JOHN R. GIBSON and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Northshore Mining Company, the United States of America, and the State of Minnesota and the Minnesota Pollution Control Agency each appeal from the district court's1 order holding that those portions of a 1975 injunction regulating air emissions from Northshore's taconite pellet operation at Silver Bay, Minnesota, were moot. For the reasons discussed below, we affirm.

I. BACKGROUND

A. 1972-1975...

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