8th Circ. Moots Mining Co. Emissions Injunction

Law360, New York (August 17, 2009, 6:21 PM EDT) -- A federal appeals court panel affirmed Monday that an injunction related to emissions against Northshore Mining Co. had been effectively incorporated into state administrative law, and that it therefore no longer had any force or effect.

The U.S. Court of Appeals for the Eighth Circuit said that when the injunction was first issued in 1975, neither the state of Minnesota nor the Minnesota Pollution Control Agency had pursued any parallel proceedings against Northshore.

Since then, however, the MPCA has issued, litigated and enforced a permit that...
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