STATE OF MONTANA; Lake County, Montana, a political subdivision of the State of Montana; City of Ronan, Montana, a municipal corporation; Town of Hot Springs, Montana, a municipal corporation, Plaintiffs,
and
Flathead Joint Board of Control, Mission Irrigation District, Jocko Valley Irrigation District, Flathead Irrigation District, local governments; Ross Middlemist, Wayne Maughan, William Slack and Glenn Murphy, Plaintiffs-Intervenors-Appellants,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States; Carol M. Browner, Administrator of the United States Environmental Protection Agency; and the Confederated Salish and Kootenai Tribes, Defendants-Appellees.
STATE OF MONTANA; Lake County, Montana; City of Ronan, Montana, a municipal corporation; Town of Hot Springs, Montana, a municipal corporation, Plaintiffs-Appellants,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States; Carol M. Browner, Administrator of the United States EPA; Confederated Salish and Kootenai Tribes of the Flathead Reservation, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 8, 1997.
Decided March 3, 1998.
Attorney(s) appearing for the Case
Harley Harris, Assistant Attorney General, Helena, Montana, for plaintiffs-appellants.
Lois J. Schiffer, Assistant Attorney General, Martin W. Matzen, David A. Carson, Kevin Washburn, U.S. Department of Justice, Environment and Natural Resources Division, on the briefs; Leigh Price, Assistant Regional Counsel, James J. Havard and Randolph L. Hill, Office of General Counsel, U.S. Environmental Protection Agency, of counsel, Washington, DC, for defendants-appellees.
Daniel Decker, Marion Yoder, and John Carter, Tribal Legal Department, Confederated Salish and Kootenai Tribes of the Flathead Nation, Pablo, Montana, for tribal-appellees.
Arthur Lazarus, Jr., Sonosky, Chambers, Sachse & Enderson, Washington, DC, amicus curiae for Assiniboine and Sioux Tribes of Fort Peck Reservation, Montana.
Jon Metropoulos, Helena, Montana, for plaintiffs-intervenors-appellants.
Jeanne S. Whiteing, Whiteing & Thompson, Boulder, Colorado, amicus curiae for Blackfeet Tribe.
Sam W. Maynes, Maynes, Bradford, Shipps & Sheftel, Durango, Colorado, amicus curiae for Southern Ute Indian Tribe.
Hans Walker, Jr., Hobbs, Straus, Dean & Walker, Washington, DC, amicus curiae for Three Affiliated Tribes of Fort Berthold Reservation, North Dakota.
Thane P. Johnson, Werner, Epstein & Johnson, Cut Bank, Montana, amicus curiae for Montana Association of Counties.
Thomas L. Dosch and John S. Greene, Assistant Attorneys General for the State of Wisconsin, Madison, WI, amici curiae for appellants.
Jeffery R. Cutter, Lyon, Weigand & Gustafson, Yakima, Washington, amicus curiae for Yakima Reservation Irrigation District.
Before: SCHROEDER and BEEZER, Circuit Judges and SCHWARZER, District Judge.
United States Court of Appeals, Ninth Circuit.
SCHROEDER, Circuit Judge:
This case is a facial challenge to regulations the Environmental Protection Agency (EPA) promulgated pursuant to § 518(e) of the Clean Water Act, 33 U.S.C. § 1377 (Supp.1997). That section authorizes EPA to permit Indian tribes "to be treated as a state" (TAS) for purposes of promulgating water quality standards (WQS) pursuant to § 303 of the Act. 33 U.S.C. § 1313 (1986). The...
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