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IDAHO CONSERVATION LEAGUE, INC. v. RUSSELL

No. 90-35430.

946 F.2d 717 (1991)

IDAHO CONSERVATION LEAGUE, INC., Idaho Sportsmens' Coalition, Inc.; Committee for Idaho's High Desert; Idaho Environmental Council; Idaho Natural Resources Legal Foundation, Plaintiffs-Appellees, v. Robie G. RUSSELL, in his official capacity as Regional Administrator for E.P.A.; Lee Thomas, Administrator, EPA; United States Environmental Protection Agency, Defendants-Appellants, and Intermountain Forest Industry Association, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1991.

Attorney(s) appearing for the Case

Dirk D. Snel, U.S. Dept. of Justice, Katherine Hazard, Land and Natural Resources Div., Roland C. Dubois, Office of Gen. Counsel, Environmental Protection Agency, Washington, D.C., for defendants-appellants.

Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, Wash., for plaintiffs-appellees.

Before BROWNING, CANBY and TROTT, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

The Environmental Protection Agency (EPA), its Administrator, and its Regional Administrator, appeal from a district court order requiring the EPA to pay plaintiffs $75,070 in costs and attorney's fees pursuant to Section 505(d) of the Clean Water Act, 33 U.S.C. § 1365(d) (West Supp.1990). We reverse.

I

Section 303(c) of the Clean Water Act requires each state to submit water quality standards to the EPA for...

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