The STATE OF OKLAHOMA, Oklahoma Scenic Rivers Commission and Pollution Control Coordinating Board; Save the Illinois River (STIR), a non-profit corporation of the State of Oklahoma; City of Fayetteville, Arkansas; the Beaver Water District; State of Arkansas; Arkansas Department of Pollution Control and Ecology, Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Oklahoma Wildlife Federation, Intervenor.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 11, 1990.
July 11, 1990.
Attorney(s) appearing for the Case
Robert A. Butkin (Robert H. Henry, Atty. Gen., and William J. Holmes, Asst. Atty. Gen., State of Okl., Ed Edmondson and Julian K. Fite, Muskogee, Okl., on the briefs), Oklahoma City, Okl., for petitioners, State of Okl., Oklahoma Scenic Rivers Com'n and Pollution Control Coordinating Bd.
John Steven Clark, Atty. Gen. (R.B. Friedlander, Sol. Gen., Attys. for State of Ark., Steven Weaver, Anne Roberts Bobo, Attys. for Arkansas Dept. of Pollution Control & Ecology, Little Rock, Ark., James N. McCord, Atty. for City of Fayetteville, Ark., Niblock Law Firm, Atty. for Beaver Water Dist., Fayetteville, Ark., on the brief), for petitioners, City of Fayetteville, Ark., Beaver Water Dist., State of Ark., Arkansas Dept. of Pollution Control and Ecology.
Gary Guzy (Catherine A. Winer, Pat Rankin, U.S. E.P.A., and Richard B. Stewart, Asst. Atty. Gen., with him on the briefs), U.S. Dept. of Justice, Washington, D.C., for respondent.
Ed Edmondson, Muskogee, Okl., appearing for Save the Illinois River.
Before ANDERSON and BRORBY, Circuit Judges, and THEIS, District Judge.
United States Court of Appeals, Tenth Circuit.
BRORBY, Circuit Judge.
In these consolidated appeals, appellants challenge certain actions of the U.S. Environmental Protection Agency (EPA) in issuing a discharge permit pursuant to the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act, 33 U.S.C. § 1342. We review EPA's action pursuant to our authority under 33 U.S.C. § 1369(b)(1) and reverse.
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