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PAKOOTAS v. TECK COMINCO METALS, LTD.

No. CV-04-256-LRS.

JOSEPH A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; and DONALD R. MICHEL, an individual and enrolled member of the Confederated Tribes of the Colville Reservation, and THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, Plaintiffs, and THE STATE OF WASHINGTON, Plaintiff-Intervenor, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant.

United States District Court, E.D. Washington.

December 31, 2014.

Attorney(s) appearing for the Case

Joseph A Pakootas, Plaintiff, represented by Gregory T Hixson , Short Cressman & Burgess PLLC, Paul J Dayton , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC, Russell S King , Short Cressman & Burgess PLLC & Athan E Tramountanas , K & L Gates LLP.

Donald R Michel, Plaintiff, represented by Gregory T Hixson , Short Cressman & Burgess PLLC, Paul J Dayton , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC, Russell S King , Short Cressman & Burgess PLLC & Athan E Tramountanas , K & L Gates LLP.

Confederated Tribes of the Colville Reservation, Plaintiff, represented by Gregory T Hixson , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC, Russell S King , Short Cressman & Burgess PLLC, Athan E Tramountanas , K & L Gates LLP & Paul J Dayton , Short Cressman & Burgess PLLC.

Teck Cominco Metals LTD, Defendant, represented by Amanda G Halter , Pillsbury Winthrop Shaw Pittman LLP, Bryce James Wilcox , Lee & Hayes, PLLC, Christopher J McNevin , Pillsbury Winthrop Shaw Pittman LLP, Mark E Elliott , Pillsbury Winthrop Shaw Pittman LLP, R Jack Reynolds , Pillsbury Winthrop Shaw Pittman LLP, Thomas A Campbell , Pillsbury Winthrop Shaw Pittman LLP, Amy Elizabeth Gaylord , Pillsbury Winthrop Shaw Pittman LLP, David LongJohn Stanton , Pillsbury Winthrop Shaw Pittman LLP, Kevin Murray Fong , Pillsbury Winthrop Shaw Pittman LLP & Samuel E Stubbs , Pillsbury Winthrop Shaw Pittman LLP.

Joseph A Pakootas, Counter Defendant, represented by Paul J Dayton , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC & Athan E Tramountanas , K & L Gates LLP.

Donald R Michel, Counter Defendant, represented by Paul J Dayton , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC & Athan E Tramountanas , K & L Gates LLP.

Citizens for Clean Columbia, Amicus, represented by Kenneth Lederman , Foster Pepper PLLC.

Washington Public Interest Research Group, Amicus, represented by Kenneth Lederman , Foster Pepper PLLC.

Washington Environmental Council, Amicus, represented by Kenneth Lederman , Foster Pepper PLLC.

Citizens For A Clean Columbia, Amicus, represented by Kenneth Lederman , Foster Pepper PLLC.

United States of America on Behalf of the Environmental Protection Agency and the Department of the Interior, Amicus, represented by Frederick S Phillips , U S Department of Justice.

United States of America on Behalf of the Environmental Protection Agency, Amicus, represented by Frederick S Phillips , U S Department of Justice.

State of Washington, Intervenor Plaintiff, represented by Christa L Thompson , Attorney General of Washington, Thomas J Young , Attorney General of Washington - Ecology Division, Andrew A Fitz , Attorney General of Washington - Ecology Division, Dorothy Harris Jaffe , Office of the Attorney General & Paul J Dayton , Short Cressman & Burgess PLLC.

Teck Cominco Metals LTD, Counter Claimant, represented by Christopher J McNevin , Pillsbury Winthrop Shaw Pittman LLP, Mark E Elliott , Pillsbury Winthrop Shaw Pittman LLP, R Jack Reynolds , Pillsbury Winthrop Shaw Pittman LLP, Thomas A Campbell , Pillsbury Winthrop Shaw Pittman LLP & Bryce James Wilcox , Lee & Hayes, PLLC.

State of Washington, Counter Defendant, represented by Paul J Dayton , Short Cressman & Burgess PLLC, Thomas J Young , Attorney General of Washington - Ecology Division, Christa L Thompson , Attorney General of Washington & Dorothy Harris Jaffe , Office of the Attorney General.

Teck Cominco Metals LTD, Counter Claimant, represented by Christopher J McNevin , Pillsbury Winthrop Shaw Pittman LLP, Eugene I Annis , Lukins & Annis PS, Mark E Elliott , Pillsbury Winthrop Shaw Pittman LLP, R Jack Reynolds , Pillsbury Winthrop Shaw Pittman LLP, Thomas A Campbell , Pillsbury Winthrop Shaw Pittman LLP & Bryce James Wilcox , Lee & Hayes, PLLC.

State of Washington, Counter Defendant, represented by Christa L Thompson , Attorney General of Washington, Paul J Dayton , Short Cressman & Burgess PLLC, Thomas J Young , Attorney General of Washington - Ecology Division & Dorothy Harris Jaffe , Office of the Attorney General.

Joseph A Pakootas, Counter Defendant, represented by Paul J Dayton , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC & Athan E Tramountanas , K & L Gates LLP.

Donald R Michel, Counter Defendant, represented by Paul J Dayton , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC, Richard Allan DuBey , Short Cressman & Burgess PLLC & Athan E Tramountanas , K & L Gates LLP.

ORDER DENYING MOTION FOR RECONSIDERATION, INTER ALIA

LONNY R. SUKO, Senior District Judge.

BEFORE THE COURT are Defendant's Motion For Reconsideration Of Order Denying Motion To Strike Or Dismiss (ECF No. 2118), and Defendant's Motion To Modify Phase II Schedule Regarding Aerial Emission Allegations (ECF No. 2119). Telephonic argument was heard on December 16, 2014.

Defendant asks the court to reconsider its order...

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