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8th Circuit decides N.D. case Tuesday, June 1, 2021

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota Clean Air Act case.

In Voigt v. Coyote Creek Mining Co., the court explained that the owners of a large ranch in North Dakota filed suit under the Clean Air Act against Coyote Creek Mining Company for failing to obtain the proper construction permit and to implement the requisite dust control plan. The court affirmed the district court's conclusion that the regulations imposing permitting and dust control requirements did not apply to CCMC's operation because the regulations are ambiguous as to whether a coal pile that is adjacent to the coal processing equipment and is used both for storage and loading coal is "in" the coal processing plant itself.

Read the court's opinion at: