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U.S. v. EL DORADO COUNTY, CAL.

No. 11-17134.

704 F.3d 1261 (2013)

UNITED STATES Of America, Plaintiff-Appellant, v. EL DORADO COUNTY, California and City of South Lake Tahoe, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2013.

Attorney(s) appearing for the Case

Karl J. Fingerhood , Andrew J. Doyle , Maggie B. Smith (argued), United States Department of Justice, Environmental and Natural Resources Division, Washington D.C., for Plaintiff-Appellant.

Thomas M. Bruen (argued), Erik A. Reinertson , Law Offices of Thomas M. Bruen, P.C., Walnut Creek, CA, for Defendant-Appellee.

Before: J. CLIFFORD WALLACE and CARLOS T. BEA, Circuit Judges, and JANE A. RESTANI, Judge.

OPINION

WALLACE, Circuit Judge:

The United States of America (government) entered into a consent decree with El Dorado County (County) concerning the clean up of an abandoned landfill located near Lake Tahoe in California. The County shortly thereafter moved to modify the decree, and the district court suspended the decree pending further hearings. The government appealed. The County later moved to dismiss for lack of jurisdiction, arguing that the order...

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