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MONTANA v. U.S. E.P.A.

No. CV 97-49-BLG-JDS.

141 F.Supp.2d 1259 (1998)

State of MONTANA, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States; Carol Browner, Administrator of the United States Environmental Protection Agency, Defendants, and Assiniboine and Sioux Tribes of the Fort Peck Reservation, Montana, Defendant-Intervenor.

United States District Court, D. Montana, Billings Division.

November 16, 1998.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Harley R. Harris, Clay R. Smith, Office of the Montana Attorney General, Helena, MT, for State of Montana, plaintiffs.

Lorraine D. Gallinger, Office of the U.S. Attorney, Billings, MT, Kevin Washburn, U.S. Department of Justice — Indian Resources Section, Washington, DC, David A. Carson, U.S. Department of Justice — Environmental Enforcement, Denver, CO, Charles Jakosa, U.S. Dept. of Justice, Environmental & Natural, Resources Divisi, Indian Resources Section, Washington, DC, for Environmental Protection Agency, United States Environmental Protection Agency, Carol M. Browner, Administrator of the United States Environmental Protection Agency, defendants.

ORDER

SHANSTROM, Chief Judge.

Before the Court are the separate motions for summary judgment of Plaintiff [Doc. No. 39], Defendants [Doc. No. 41] and Defendant-Intervenor [Doc. No. 43]. The Court has jurisdiction of this matter under 28 U.S.C. § 1331.

BACKGROUND

The State of Montana brought this declaratory judgment action seeking a determination by the Court that the United States Environmental Protection Agency's [EPA's] action on...

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