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DIOXIN/ORGANOCHLORINE CENTER v. CLARKE

Nos. 93-35973, 93-36000.

57 F.3d 1517 (1995)

DIOXIN/ORGANOCHLORINE CENTER; Columbia River United, Plaintiff-Appellants, and Longview Fibre Co., et al., Plaintiffs-Intervenors, v. Chuck CLARKE, in his capacity as Regional Administrator, United States Environmental Protection Agency, Region 10; United States Environmental Protection Agency, an agency of the United States Government, Defendants-Appellees. DIOXIN/ORGANOCHLORINE CENTER; Columbia River United, Plaintiffs, and Longview Fibre Co., a Washington corporation; James River II, Inc., a Virginia corporation; Boise Cascade Corporation, a Delaware corporation; Weyerhaeuser Co., a Washington corporation, Plaintiffs-Intervenors-Appellants, v. Chuck CLARKE, in his capacity as Regional Administrator, United States Environmental Protection Agency, Region 10; United States Environmental Protection Agency, an agency of the United States Government, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1995.

Attorney(s) appearing for the Case

Todd D. True and Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, WA, for plaintiffs-appellants.

Karen M. McGaffey, Bogle & Gates, Seattle, WA, for plaintiffs-intervenors-appellants.

Christopher Scott Vaden, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: WRIGHT, O'SCANNLAIN, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Appellants, environmental groups and paper and pulp mills, challenge on opposing grounds the district court's grant of summary judgment in favor of the Environmental Protection Agency ("EPA") on appellants' claims that the EPA violated the Clean Water Act ("Act"), 33 U.S.C. § 1251, et seq., by establishing total maximum daily load limits for the discharge of the toxic pollutant dioxin into the Columbia River. We affirm.

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