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AMERICAN CANOE ASS'N v. MURPHY FARMS, INC.

No. 02-1501.

326 F.3d 505 (2003)

AMERICAN CANOE ASSOCIATION, INCORPORATED; Professional Paddlesports Association; The Conservation Council of North Carolina, Incorporated, Plaintiffs-Appellees, and United States of America, acting at the request and on behalf of the Administrator of the United States Environmental Protection Agency, Plaintiff, v. MURPHY FARMS, INCORPORATED, d/b/a Murphy Family Farms; D.M. Farms of Rose Hill, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 16, 2003.

Attorney(s) appearing for the Case

ARGUED: Richard Edward Schwartz, Crowell & Moring, L.L.P., Washington, D.C., for Appellants. Carolyn Smith Pravlik, Terris, Pravlik & Millian, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Kirsten L. Nathanson, Crowell & Moring, L.L.P., Washington, D.C.; Jenna F. Butler, Ward & Smith, P.A., Wilmington, North Carolina; Reef C. Ivey, II, Ward & Smith, P.A., Raleigh, North Carolina, for Appellants. Bruce J. Terris, Terris, Pravlik & Millian, L.L.P., Washington, D.C., for Appellees.

Before WIDENER and LUTTIG, Circuit Judges, and BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed in part and vacated and remanded in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Senior Judge BEAM joined.

OPINION

LUTTIG, Circuit Judge:

The plaintiffs, turned appellees, are several organizations that share the common goal of maintenance of water quality in North Carolina's streams and rivers. These organizations brought suit against certain hog farms in North Carolina, alleging that these farms...

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