Hecla Mining Company v. United States Environmental Protection Agency Thomas P. Dunne, Administrator, Region 10, Epa
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERGUSON, Circuit Judge:
This ease is a challenge brought pursuant to the Administrative Procedure Act (APA) 5 U.S.C. §§ 701-706, by Hecla Mining Company (Hecla) to decisions of the Environmental Protection Agency (EPA) made pursuant to §§ 304(i)(l)(B) and (C) of the Clean Water Act. 33 U.S.C. §§ 1314(0(D(B) and (C). The district court dismissed the action. We affirm for the reason that the challenged decisions of the EPA do not constitute the final agency action which is necessary to state a cause of action under the Act.
Hecla operates the Lucky Friday Mine located along the Coeur d’Alene…
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