CITY OF ALBUQUERQUE, Plaintiff-Appellant,
v.
Carol BROWNER, or her successor as Administrator, United States Environmental Protection Agency, Defendant-Appellee,
The Western Coalition of Arid States; Metropolitan Sewerage Agencies; New Mexico Municipal League, Inc.; New Mexico Environment Department; State of New Mexico; and Pueblo of Isleta, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 7, 1996.
October 7, 1996.
Attorney(s) appearing for the Case
Bruce S. Garber of Garber and Hallmark, P.C., Santa Fe, New Mexico (Cullen Hallmark of Garber and Hallmark, P.C., Santa Fe, New Mexico; Robert M. White, City Attorney; and Gregory P. Smith, Assistant City Attorney, City of Albuquerque, Albuquerque, New Mexico, with him on the briefs), for Plaintiff-Appellant.
Elizabeth A. Peterson, Attorney, Department of Justice, Washington, DC (Lois J. Schiffer, Assistant Attorney General, Department of Justice, Washington, DC; John J. Kelly, United States Attorney, and John W. Zavitz, Assistant United States Attorney, District of New Mexico, Albuquerque, New Mexico; Elizabeth M. Ahern and David C. Shilton, Attorneys, Department of Justice, Washington, DC; Randolph L. Hill, U.S. Environmental Protection Agency, Office of the General Counsel, Washington, DC, and Pat Rankin, U.S. Environmental Protection Agency, Office of Regional Counsel, Dallas, Texas, of counsel), with her, on the brief for Defendant-Appellee.
Jerome C. Muys of Will & Muys, P.C., Washington, DC, on the brief, for amicus curiae Western Coalition of Arid States.
Lee C. White, Washington, D, on the brief, for amicus curiae Metropolitan Sewerage Agencies.
Steven Barshov of Sive, Paget & Riesel, P.C., New York City; Richard L.C. Virtue and Stephany S. Wilson of Taichert, Wiggins, Virtue, Wilson & Najjar, Santa Fe, New Mexico, on the brief, for amicus curiae New Mexico Municipal League.
Tom Udall, Attorney General of New Mexico; Alletta Belin, Assistant Attorney General; and Tracy M. Hughes, Special Assistant Attorney General, New Mexico Environment Department, Santa Fe, New Mexico, on the brief, for amicus curiae New Mexico Environment Department and State of New Mexico.
L. Lamar Parrish of Ussery & Parrish, P.A., Albuquerque, New Mexico, on the brief, for amicus curiae Pueblo of Isleta.
Before HENRY and McKAY, Circuit Judges, and JENKINS, Senior District Judge.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
The City of Albuquerque [Albuquerque] filed a complaint challenging the U.S. Environmental Protection Agency's [EPA] approval of the Pueblo of Isleta's [Isleta Pueblo] water quality standards on numerous grounds. After denying Albuquerque a temporary restraining order and a preliminary injunction, the district court denied its motion for summary judgment while granting the Defendant EPA's motion for summary judgment. City of Albuquerque v...
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