Legal Opinion
Idaho Conservation League v. Boer
District Court, D. Idaho
Decided September 27, 2004No. CV-04-250-S-BLWPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
WINMILL, Chief Judge.
INTRODUCTION
The Court has before it a motion to dismiss filed by defendant. The Court heard oral argument on the motion on September 21, 2004, and took the motion under advisement. As explained below, the Court will construe the motion as a motion for summary judgment and will deny the motion.
FACTUAL BACKGROUND
In this lawsuit, plaintiff Idaho Conservation League (ICL) claims that defendant Adrian Boer, doing business as K & W Dairy, must obtain a permit under the Clean Air Act (CAA), and Idaho’s State Implementation Plan, before he can begin…
2Cases cited5 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Sierra Club v. Chevron U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1987
- Robert W. Hall v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2001
- Idaho Department of Health & Welfare v. United States Department of EnergyCourt of Appeals for the Ninth Circuit · 1992
3Cited by4 opinions
- Safe Air for Everyone v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2007
- Safe Air for Everyone v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2007
- Safe Air For Everyone v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2007
- Safe Air For Everyone v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2007