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NATIVE VILLAGE OF KIVALINA IRA COUNCIL v. E.P.A.

No. 11-70776.

687 F.3d 1216 (2012)

NATIVE VILLAGE OF KIVALINA IRA COUNCIL; Native Village of Point Hope IRA Council; Alaska Community Action on Toxics; Northern Alaska Environmental Center, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa Jackson, in her official capacity as Administrator of the U.S. Environmental Protection Agency; Dennis McClarren, in his official capacity as Regional Administrator for Region X of the U.S. Environmental Protection Agency, Respondents, Nana Regional Corporation; Teck Alaska Incorporated, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2012.

Attorney(s) appearing for the Case

Victoria Clark , Brook Brisson, Trustees for Alaska, Anchorage, AK, for petitioners Native Village of Point Hope IRA Council, Alaska Community Action on Toxics, and Northern Alaska Environmental Center.

Brent Newell (argued), Sofia Parino, Center on Race, Poverty & the Environment, San Francisco, CA, for petitioner Native Village of Kivalina IRA Council.

Ignacia S. Moreno , Paul Cirino (argued), Kimberly A. Owens , Pooja S. Parikh , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the respondents.

Jeffrey W. Leppo (argued), Jason T. Morgan , Stoel Rives LLP, Seattle, WA, for intervenor NANA Regional Corporation, Inc.

Eric B. Fjelstad , James N. Leik (argued), Perkins Coie LLP, Anchorage, AK, for intervenor Teck Alaska Incorporated.

Before: ALFRED T. GOODWIN, WILLIAM A. FLETCHER, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Petitioners Native Village of Kivalina IRA Council, Native Village of Point Hope IRA Council, Alaska Community Action on Toxics, and Northern Alaska Environmental Center (collectively, Kivalina) appeal the United States Environmental Protection Agency Environmental Appeals Board's (the EAB) order denying review of their challenges to a permit authorizing Intervenor Teck Alaska, Inc. (Teck) to discharge wastewater caused by...

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