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CITY OF WAUKESHA v. E.P.A.

Nos. 01-1028, 01-1033, 01-1034 and 01-1037.

320 F.3d 228 (2003)

CITY OF WAUKESHA, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Village of Sussex Water Commission, et al., Intervenors. Radiation, Science & Health, Inc., Petitioner, v. Environmental Protection Agency, Respondent. Nuclear Energy Institute, Inc., Petitioner, v. Environmental Protection Agency, Respondent. National Mining Association, Petitioner, v. Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 25, 2003.

Attorney(s) appearing for the Case

John C. Martin, Michael B. Wigmore, Curt R. Meitz, and David C. Lashway argued the cause for the petitioners. John N. Hanson, Brian L. Doster, Justin A. Savage, Jean V. MacHarg, Susan M. Mathiascheck, Donald P. Gallo, H. Stanley Riffle, Phillip J. Eckert, Paul F. Reilly, John S. Noble, Richard M. Glidden, Anthony J. Thompson, Robert W. Bishop, James B. Harvey, Suzanne K. Schalig, William Von Arx, and Dennis M. Duffy were on brief.

Daniel M. Flores and Christopher Peak, Attorneys, United States Department of Justice, argued the cause for the respondent. Karen Clark, Attorney, United States Environmental Protection Agency, was on brief.

Before: HENDERSON, ROGERS, and GARLAND, Circuit Judges.

Opinion for the court filed PER CURIAM.

PER CURIAM:

The petitioners — the City of Waukesha and its water utility customer Bruce Zivney, trade associations Nuclear Energy Institute ("NEI") and National Mining Association ("NMA"), and advocacy group Radiation, Science & Health ("RSH") — seek review of regulations promulgated by the Environmental Protection Agency ("EPA") pursuant to the Safe Drinking Water Act of 1970 ("SDWA" or "Act"), 42...

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