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VOIGT v. COYOTE CREEK MIN. COMPANY, LLC

No. 18-2705.

999 F.3d 555 (2021)

Casey VOIGT; Julie Voigt, Plaintiffs-Appellants v. COYOTE CREEK MINING COMPANY, LLC, a North Dakota Corporation, Defendant-Appellee. State of North Dakota; Lignite Energy Council, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 1, 2021.

Attorney(s) appearing for the Case

Derrick Braaten , Braaten Law Firm, Bismarck, ND, for Plaintiffs-Appellants.

Elizabeth G. Bentley , Jones & Day, Minneapolis, MN, Brian Raymond Bjella , Crowley & Fleck, Bismarck, ND, Gregory F. Dorrington , Crowley & Fleck, Helena, MT, Mark L. Stermitz , Crowley & Fleck, Missoula, MT, Jeffery D. Ubersax , Kushner & Hamed, Cleveland, OH, Charles T. Wehland , Jones & Day, Chicago, IL, for Defendant-Appellee.

James E. Nicolai , Deputy Solicitor, Attorney General's Office, Bismarck, ND, for Amicus on Behalf of Appellee(s) State of North Dakota.

Michael J. Nasi , Jackson & Walker, Austin, TX, Mark L. Walters , Special Counsel, U.S. Department of Justice, Washington, DC, for Amicus on Behalf of Appellee(s) Lignite Energy Council.

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.

Casey and Julie Voigt, the owners of a large ranch in rural North Dakota, filed suit against Coyote Creek Mining Company, LLC (CCMC), alleging CCMC failed to obtain the proper construction permit under the Clean Air Act (CAA), 42 U.S.C. § 7401, et seq., and failed to implement the requisite dust...

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