9th Circ. Nixes Alaskan Groups' Discharge Permit Challenge

Law360, New York (August 9, 2012, 4:34 PM EDT) -- The Ninth Circuit on Thursday held that petitioners may not challenge a U.S. Environmental Protection Agency order with objections that have already been addressed in the agency's response to public comments on the matter, rejecting some Alaskan groups' challenge to a mine operator's wastewater discharge permit.

A three-judge panel backed the EPA Environmental Appeals Board's order that brushed aside objections to the permit it issued Teck Alaska Inc. allowing it to discharge wastewater caused by the operation of its Red Dog Mine, an open-pit zinc and...
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