NATIONAL WILDLIFE FEDERATION, et al.
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency, et al., Idaho Power Company, Montana Power Company, Puget Sound Power and Light Company, Eugene Water and Electric Board, Portland General Electric Company, Public Utility District No. 1 of Chelan County, Washington, Public Utility District No. 1 of Douglas County, Washington, City of Seattle, Department of Lighting, City of Tacoma, Department of Public Utilities, Washington Water Power Company, Appellants
NATIONAL WILDLIFE FEDERATION, et al.
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency, et al., Northern Colorado Water Conservancy District, City and County of Denver acting through the Board of Water Commissioners, City of Colorado Springs, Southwestern Water Conservation District, City of Aurora, Board of Water Works for the City of Pueblo, Colorado River Water Conservation District, Association of California Water Agencies, Appellants.
NATIONAL WILDLIFE FEDERATION
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency, American Water Works Association and National Association of Water Companies, Appellants.
NATIONAL WILDLIFE FEDERATION
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency, Blachly-Lane Electric Cooperative Association, Central Electric Cooperative, Inc., Clearwater Power Company, Columbia Rural Electric Association, Inc., Consumers Power, Inc., Inland Power & Light Company, Kootenai Electric Cooperative, Inc., Lane Electric Cooperative, Inc., Lower Valley Power & Light, Inc., Public Utility District No. 1 of Cowlitz County, Washington Raft River Rural Electric Cooperative, Inc., Umatilla Electric Cooperative Association, Benton Rural Electric Association, Big Bend Electric Cooperative, Inc., Coos-Curry Electric Cooperative, Inc., Lincoln Electric Cooperative, Appellants.
NATIONAL WILDLIFE FEDERATION
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency.
Appeal of NATIONAL WATER RESOURCES ASSOCIATION.
NATIONAL WILDLIFE FEDERATION
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency, Appellant.
NATIONAL WILDLIFE FEDERATION
v.
Anne GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency.
Appeal of ALABAMA POWER COMPANY, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 13, 1982.
Decided November 5, 1982.
Attorney(s) appearing for the Case
Peter R. Steenland, Jr., Atty. Dept. of Justice, Washington, D.C., with whom Robert M. Perry, Gen. Counsel, E.P.A., Carol E. Dinkins, Asst. Atty. Gen., Fred R. Disheroon and Nancy B. Firestone, Dept. of Justice, and Alan W. Eckert, E.P.A., Washington, D.C., were on brief, for Anne M. Gorsuch, Administrator, E.P.A., appellant in 82-1354 and cross-appellee in 82-1335, 82-1337, 82-1351, 82-1352, 82-1353 and 82-1363.
Jeffrey H. Howard, with whom James B. Vasile, Robert L. McCarty, Kenneth A. Rubin and Sam Kazman, Washington, D.C., were on brief, for Colorado Water Agencies, et al., appellants in 82-1337, 82-1351 and 82-1353, and cross-appellees in 82-1335, 82-1352, 82-1353, 82-1354 and 82-1363.
Thomas G. Nelson and James C. Tucker, Twin Falls, Idaho, for Nat. Water Resources Ass'n, appellant in 82-1353.
Gerry Levenberg, with whom R. Keith Guthrie, Washington, D.C., was on brief, for Northwest Utilities Group, appellants in 82-1335 and 82-1352, and cross-appellees in 82-1337, 82-1351, 82-1352 and 82-1354.
Turner T. Smith, Jr. and William B. Ellis, Richmond, Va., were on brief, for Alabama Power Co., et al., appellees in 82-1335, 82-1337, 82-1351, 82-1352, 82-1353 and 82-1354.
David G. Burwell, Windsor, Vt., with whom Patrick A. Parenteau, Washington, D.C., was on brief, for Nat. Wildlife Federation, et al., appellees in 82-1335, 82-1337, 82-1351, 82-1352, 82-1353, 82-1354 and 82-1363. Dan Summers, Jefferson City, Mo., also entered an appearance for State of Missouri, appellees in 82-1335 and 82-1337.
Carl Boronkay and Victor E. Gleason, Los Angeles, Cal., were on brief, for Metropolitan Water Dist. of Southern California, amici curiae urging reversal in 82-1335, 82-1337, 82-1351, 82-1352, 82-1353, 82-1354 and 82-1363.
Roger J. Marzulla, Denver, Colo., was on brief, for Mountain States Legal Foundation, et al., amici curiae urging reversal in 82-1335. R. Norman Cramer, Jr., Denver, Colo., also entered an appearance for Mountain States Legal Foundation, et al.
Frederick H. Ritts and Kirk Howard Betts, Washington, D.C., were on brief, for American Public Power Ass'n, amici curiae urging reversal in 82-1335.
Zygmunt J.B. Plater, Newton Centre, Mass., was on brief, for American Rivers Conservation Council, et al., amici curiae urging affirmance in 82-1335, 82-1337, 82-1351, 82-1352, 82-1353, 82-1354 and 82-1363.
Before ROBINSON, Chief Judge, WALD and BORK, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
The National Wildlife Federation petitioned the district court for a declaration that the Administrator of the Environmental Protection Agency (EPA) has a nondiscretionary duty to require dam operators to apply for pollutant discharge permits under § 402(a) of the Clean Water Act, 33 U.S.C. § 1342(a), and for an order directing her to perform that duty. The district court issued...
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