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SIERRA CLUB v. U.S. E.P.A.

No. 91-16310.

995 F.2d 1478 (1993)

SIERRA CLUB, et al., Plaintiff-Appellee, v. US ENVIRONMENTAL PROTECTION AGENCY, et al., Defendant, and City of Phoenix, Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1993.

Attorney(s) appearing for the Case

Craig J. Reece, Asst. City Atty., Phoenix, AZ, for appellant.

Maria Savasta Kennedy, Sierra Club Legal Defense Fund, San Francisco, CA, for appellee.

James C. Hair, Jr., Asst. U.S. Atty., Phoenix, AZ, for defendant.

Before: BROWNING, THOMPSON and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case has one issue, intervention as a matter of right. The Sierra Club sued the EPA under the Clean Water Act for a declaratory judgment and an injunction. The relief sought would require the EPA to change the terms of permits issued to the City of Phoenix for two of its wastewater treatment plants. The district court denied the City's motion to intervene. We reverse, and hold that the City had a right to intervene.

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