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NORTHWEST ENVIRONMENTAL ADVOCATES v. PORTLAND

No. 92-35044.

11 F.3d 900 (1993)

NORTHWEST ENVIRONMENTAL ADVOCATES, A Non-Profit Oregon Corporation and Nina Bell, Plaintiffs-Appellants, v. CITY OF PORTLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1993.

Attorney(s) appearing for the Case

Patrick A. Parenteau, Perkins Coie, Portland, OR, for plaintiffs-appellants.

Terrence L. Thatcher, Office of City Attorney, Portland, OR, for defendant-appellee.

Before: PREGERSON, KLEINFELD, Circuit Judges, and INGRAM, District Judge.

INGRAM, District Judge:

Northwest Environmental Advocates and Nina Bell (NWEA) appeal from the district court's judgment in favor of Portland on their claims that the City is violating the Clean Water Act (CWA).

On April 16, 1991, NWEA filed suit in the district court alleging that Portland's practice of discharging raw sewage during times of precipitation from 54 outfall points was not covered by a permit and that the practice had caused and was continuing...

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