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ARKANSAS v. OKLAHOMA

No. 90-1262.

503 U.S. 91 (1992)

ARKANSAS et al. v. OKLAHOMA et al.

United States Supreme Court.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Edward W. Warren argued the cause for petitioners in No. 90-1262. With him on the briefs were Winston Bryant, Attorney General of Arkansas, Mary B. Stallcup, Angela S. Jegley, David G. Norrell, James N. McCord, Walter R. Niblock, and Nancy L. Hamm. Deputy Solicitor General Wallace argued the cause for petitioner in No. 90-1266. With him on the briefs were Solicitor General Starr, Assistant Attorney General Stewart, Harriet S. Shapiro, Michael A. McCord, Anne S. Almy, Gary S. Guzy, and E. Donald Elliott.

Robert A. Butkin, Assistant Attorney General of Oklahoma, argued the cause for respondents in both cases. With him on the brief for respondents State of Oklahoma et al. were Susan B. Loving, Attorney General, Brita Haugland Cantrell, Assistant Attorney General, and Julian Fite. Theodore E. Dinsmoor and Susan Hedman filed a brief for respondent Oklahoma Wildlife Federation.†

Stevens, J., delivered the opinion for a unanimous Court.

Justice Stevens, delivered the opinion of the Court.

Pursuant to the Clean Water Act, 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq., the Environmental Protection Agency (EPA or Agency) issued a discharge permit to a new point source in Arkansas, about 39 miles upstream from the Oklahoma state line. The question presented in this litigation is whether the EPA's finding that discharges from the new source...

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