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

Nos. 86-7390, 86-7563, 86-7631 and 86-7643.

863 F.2d 1420 (1988)

NATURAL RESOURCES DEFENSE COUNCIL, INC., and the Sierra Club, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, and American Petroleum Institute, et al., Intervenors. CONOCO, INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, and Natural Resources Defense Council, Inc., Respondent-Intervenor. Bob MARTINEZ, Governor, and Robert A. Butterworth, Attorney General, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, and American Petroleum Institute, et al., Respondents-Intervenors. AMERICAN PETROLEUM INSTITUTE, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, and Natural Resources Defense Council, Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1988.


Attorney(s) appearing for the Case

Ronald J. Wilson and Catherine A. Cotter, Washington, D.C., for petitioners Natural Resources Defense Council, Inc. and Sierra Club.

Lee S. Schroer, E.P.A., Washington, D.C., and Scott Slaughter and Ashley Doherty, Dept. of Justice, Washington, D.C., for respondents U.S. E.P.A.

J. Berry St. John, Jr., Lisko & Lewis, New Orleans, La., for petitioners, respondents/intervenors American Petroleum Institute and Conoco, Inc.

Louis F. Hubener, Asst. Atty. Gen., Tallahassee, Fla., for petitioner Bob Martinez, Governor.

Before SCHROEDER, REINHARDT and LEAVY, Circuit Judges.


SCHROEDER, Circuit Judge:

INTRODUCTION

The Clean Water Act prohibits the discharge of any pollutant, 33 U.S.C. § 1311(a) (1982), except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit issued under the Act. 33 U.S.C. § 1342(a) (West Supp.1988). We here consider petitions for review of the Environmental Protection Agency's general permit under the Clean Water Act (the Act) authorizing the discharge of pollutants...

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