NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

Docket Nos. 13-1745(L), 13-2393(CON), 13-2757(CON).

804 F.3d 149 (2015)

NATURAL RESOURCES DEFENSE COUNCIL, Northwest Environmental Advocates, Center for Biological Diversity, and National Wildlife Federation, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Lake Carriers' Association and Canadian Shipowners Association, Intervenors.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2015.


Attorney(s) appearing for the Case

Allison M. Laplante , Earthrise Law Center, Lewis & Clark Law School, Portland, OR, and Deborah A. Sivas , Matthew J. Sanders , Environmental Law Clinic, Mills Legal Clinic at Stanford Law School, Stanford, CA, for Petitioners Northwest Environmental Advocates and Center for Biological Diversity.

Rebecca J. Riley , Natural Resources Defense Council, Chicago, IL, for Petitioner Natural Resources Defense Council.

Neil S. Kagan , National Wildlife Federation, Ann Arbor, MI, for Petitioner National Wildlife Federation.

Martin Francis McDermott ( Sam Hirsch , Acting Assistant Attorney General, on the brief), Environmental Defense Section, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., and Dawn M. Messier , Office of General Counsel, United States Environmental Protection Agency, Washington, D.C., for Respondent United States Environmental Protection Agency.

Matthew D. Melewski , The Boutique Firm PLC, Minneapolis, MN, for Intervenors Lake Carriers' Association and Canadian Shipowners Association.

Before: SACK, CHIN, and CARNEY, Circuit Judges.


This case arises from the efforts of the Environmental Protection Agency ("EPA") pursuant to section 402(a) of the Clean Water Act (the "CWA"), 33 U.S.C. § 1342(a), to regulate the discharge of ballast water from ships.1 A ship takes on and discharges...

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