TEXAS OIL & GAS ASSOCIATION; Marathon Oil Company; Trustees for Alaska; Natural Resources Defense Council; Cook Inlet Keeper; National Wildlife Federation; Alaska Clean Water Alliance; Greenpeace; Alaska Center for the Environment; Alaska Marine Conservation Council; Kachemak Bay Conservation Society; Alaska Waveriders; Union Oil Co. CA; Phillips Petroleum; Shell Oil Co.; Railroad Commission of Texas; State of Texas, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
AMERICAN PETROLEUM INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, United States Environmental Protection Agency, Respondents.
RAILROAD COMMISSION; State of Texas, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 10, 1998.
December 10, 1998.
Attorney(s) appearing for the Case
Susan G. Zachos, Kelly, Hart & Hallman, Ray N. Donley, Austin, TX, for Texas Oil and Gas Ass'n.
Cherie L. Rogers, U.S. Dept. of Justice, Environment & Natural Resources Div., Mary Ellen Myers Levine, Carol Browner, EPA, Mary F. Edgar, Lois J. Schiffer, U.S. Dept. of Justice, Washington, DC, for United States Environmental Protection Agency and Carol M. Browner.
William J. Wynne, El Dorado, AR, for Interstate Oil and Gas Compact Com'n, Amicus Curiae.
Brian E. Berwick, Liz Bills, Natural Resources Div., Austin, TX, for Railroad Com'n of Texas and State of Texas.
Douglas Wayne Morris, George William Frick, Washington, DC, for American Petroleum Institute.
William D. Maer, Svend A. Brandt-Erichsen, Heller, Ehrman, White & McAuliffe, Seattle, WA, John Marx Miller, Marathon Oil Co., Houston, TX, for Marathon, Oil Co.
Peter H. Van Tuyn, Stephen Koteff, Trustees for Alaska, Anchorage, AK, Peter Lehner, Natural Resources Defense, New York City, for Trustees for Alaska, Natural Resources Defense Council, Cook Inlet Keeper, National Wildlife Federation, Alaska Clean Water Alliance, Greenpeace, Alaska Center for the Environment, Alaska Marine Conservation Council, Kachemak Bay Conservation Society and Alaska Waveriders.
Before REAVLEY, DAVIS, and DUHÉ, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
W. EUGENE DAVIS, Circuit Judge:
Eighteen petitioners from six consolidated actions seek review and reversal of a series of final effluent limitation guidelines for the coastal oil- and gas-producing industry, promulgated on January 15, 1997 by the United States Environmental Protection Agency ("EPA") pursuant to Sections 301, 304, 306-08, and 501 of the Clean Water Act ("CWA" or "Act"), 33 U.S.C. §§ 1311, 1314, 1316-18, 1361. Three of the petitioners also...
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