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Native Village of Kivalina IRA Council v. United States Environmental Protection Agency

ELR Citation: 42 ELR 20170
Nos. 11-70776, (9th Cir., 08/09/2012)

The Ninth Circuit upheld an EPA Environmental Appeals Board (EAB) order denying a native village's petition for review of an NPDES permit authorizing the discharge of wastewater from an Alaskan lead and zinc mine. The village failed to demonstrate why EPA's responses to comments were clearly erroneous or otherwise warranted review. The EAB, therefore, correctly concluded that the village did not satisfy the procedural requirements to obtain review under 40 C.F.R. §124.19(a).