United States Eighth Circuit

An order holding that certain parts of a 1975 injunction regulating air emissions from defendant's taconite pellet operation at Silver Bay, Minnesota, were moot is affirmed where: 1) defendant-mining company was not aggrieved by the district court's order such that there was jurisdiction over its appeal; 2) similarly, the government is not an aggrieved party and its cross-appeal is dismissed; 3) the court did not abuse its discretion in vacating sua sponte the injunctions' air-emissions provision of the injunction where state and agency regulations parallel the provisions in the injunction.

Appellate Information

• Decided 08/17/2009
• Published 08/17/2009

Judges

• GRUENDER, Circuit Judge., Before BYE, JOHN R. GIBSON and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Geoffrey K. Barnes, argued, Cleveland, OH, Vincent Atriano, John D. Lazzaretti, Cleveland, OH, James A. Mennell, William P. Hefner, Minneapolis, MN, on the brief, for Appellant/Cross-Appellee., Katherine Wade Hazard, U.S.D.O.J., argued, Carol Holmes, Office of General Counsel, EPA, James Cha, Assist. Reg. Cnsl., Region 5, EPA, Chicago, IL, Tahani Rivers, Office of Enforcement and Compliance Assurance, EPA, Ronald J. Tenpas, AAG, Robert H. Oakley, Stacey W. Person, Lisa A. Cherup, U.S.D.O.J., Environment & Natural Resources Div., on the brief, Washington, DC, for Appellee/Cross-Appellant., Carla J. Heyl, AAG, argued, Robert B. Roche, AAG, on the brief, St. Paul, MN, for Appellees/Cross-Appellants., Kevin Reuther, argued, St. Paul, MN, Reed Zars, Laramie, WY., Michael Madigan, Amy L. de Kok, Minneapolis, MN, on the brief, for Appellee.