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STATE OF OKLAHOMA v. ENVIRONMENTAL PROTECTION AGENCY

Nos. 89-9503, 89-9507 and 89-9516.

962 F.2d 996 (1992)

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.

April 27, 1992.

BRORBY, Circuit Judge.

We originally decided this case in an opinion found at 908 F.2d 595 (10th Cir. 1990), in which this court construed the Clean Water Act as prohibiting any discharge of effluent that would reach waters already in violation of existing water quality standards.

The Supreme Court granted certiorari and in an opinion issued February 26, 1992, reversed the decision of this court. ___ U.S. ___, 112 S.Ct. 1046...

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