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BOISE CASCADE CORP. v. U.S.E.P.A.

Nos. 89-70428, 89-70429, 89-70430, 90-70494, 90-70496, 90-70497, 90-70262, 91-70056 and 91-70426.

942 F.2d 1427 (1991)

BOISE CASCADE CORPORATION; Pope & Talbot, Inc.; James River II, Inc., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDES (NCAP), Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. CITIZENS FOR A BETTER ENVIRONMENT, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Santa Clara Valley Nonpoint Source Dischargers, Respondent-Intervenor. NORTHWEST COALITION FOR ALTERNATIVES, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1991.

As Amended October 7, 1991.

Attorney(s) appearing for the Case

Nora Chorover, Citizens for a Better Environment, San Francisco, Cal., Richard H. Williams, Lane, Powell, Spears, Lubersky, Jay T. Waldron and David F. Bartz, Jr., Schwabe, Williamson, Wyatt, Portland, Oregon; Victor Sher, Sierra Club Legal Defense Fund, Seattle, Wash. and John E. Bonine, Eugene, Or., for petitioners.

Marilyn Jacobsen and Martin F. McDermott, U.S. Dept. of Justice, and Diane Regas, E.P.A., Washington, D.C., for respondent.

Robert L. Falk, Morrison & Foerster, San Francisco, Cal., for intervenor.

Before WRIGHT, BEEZER and WIGGINS, Circuit Judges.

BEEZER, Circuit Judge:

This is a consolidated disposition concerning two related petitions brought pursuant to the Clean Water Act (Act). California and Oregon each submitted to the United States Environmental Protection Agency (EPA) an individual control strategy (ICS) intended to address the discharge of toxic pollutants into water segments within its respective state. The EPA approved the ICSs and these petitions followed.

Citizens for a Better Environment...

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