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

No. 89-70135.

915 F.2d 1314 (1990)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1990.

Attorney(s) appearing for the Case

Robert W. Adler, Natural Resources Defense Council, Washington, D.C., for the petitioner; Frances A. Dubrowski, Washington, D.C., on brief.

Thomas M. Pacheco, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for respondent.

Before LIVELY, FLETCHER and REINHARDT, Circuit Judges.

FLETCHER, Circuit Judge:

The Natural Resources Defense Council (NRDC) petitions for review of a final rule issued by the Environmental Protection Agency (EPA). The rule provides that with regard to some, but not all, of the polluted waters listed pursuant to section 304(l) of the Clean Water Act, 33 U.S.C. § 1314(l), the states must identify the factories and other "point sources" responsible for discharging toxic pollutants into those waters and...

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