DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081423P.pdf 08/17/2009 United States v. Northshore Mining Co.
U.S. Court of Appeals Case No: 08-1423
and No: 08-1529
and No: 08-1533
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with John R. Gibson and Bye,
Circuit Judges]
Civil case - Environmental law. Northshore received all of the relief it
sought in its motion to dissolve the injunction in the case, and it lacked
standing to appeal the order; nor did Northshore have standing to appeal
the district court's collateral ruling denying its Rule 60(b) motion as the
court's ruling on that motion was immaterial to the ultimate ruling
vacating the injunction; the United States' appeal must also be dismissed
because it was not aggrieved by the district court's order since its interest
did not extend to air-emissions programs and the order involved only
affects air emissions; with respect to the remaining appeal by Minnesota
and the Minnesota Pollution Control Agency, those parties have failed to
show that the district court abused its discretion by vacating sua sponte
the injunction's air-emissions programs as the state and the agency have
sufficient regulatory tools to monitor and control the plant's fibre
emissions in ways which parallel the injunction.