AMERICAN FOREST & PAPER ASSOCIATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Jane N. Saginaw, Regional Administrator, United States Environmental Protection Agency, Region 6, Respondents,
American Petroleum Institute, American Wood Preservers Institute, Chamber of Commerce of the United States Independent Petroleum Association of America, Michigan Manufacturers Association, National Association of Home Builders, National Association of Manufacturers, the State Chamber, Oklahoma's Association of Business and Industry, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 1, 1998.
September 1, 1998.
Attorney(s) appearing for the Case
Russell S. Frye, of Chadbourne & Parke, LLP, Washington, DC (Erin Buckley Bradley, Chadbourne & Parke, LLP, Cynthia H. Evans of American Forest & Paper Association, Inc., Washington, DC, with him on the briefs), for Petitioner.
Alan D. Greenberg, Attorney, U.S. Dept. of Justice, Environment & Natural Resources Div., Denver, CO (Lois J. Schiffer, Asst. Atty. Gen., U.S. Department of Justice, Environment & Natural Resources Div., Denver, CO, and Steven Neugeboren, Thomas S. Marshall, U.S. Environmental Protection Agency, Washington, DC, with him on the brief), for Respondents.
Scott M. DuBoff, John W. Heiderscheit III, Wright & Talisman, P.C., Washington, DC, Counsel for Amici Curiae, Alice Crowe, Washington, DC, on the brief for American Petroleum Institute, Robin S. Conrad, National Chamber Litigation Center, Inc., Washington, DC, on the brief for Chamber of Commerce of the United States, David M. Sweet, Washington, DC, on the brief for Independent Petroleum Association of America, J. Walker Henry, Clark, Hill P.L.C, Detroit, MI, on the brief for Michigan Manufacturers Association, Alec Ugol, Washington, DC, on the brief for National Association of Home Builders, Jan Amundson, Washington, DC, on the brief for National Association of Manufacturers, James R. Barnett, Kerr, Irvine, Rhodes & Ables, Oklahoma City, OK, on the brief for The State Chamber, Oklahoma's Association of Business and Industry, submitted an Amici Curiae brief in support of Petitioner.
Before SEYMOUR, Chief Judge, McWILLIAMS and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
ON PETITION FOR REVIEW OF FINAL AGENCY ACTION BY THE ENVIRONMENTAL PROTECTION AGENCY
MURPHY, Circuit Judge.
American Forest and Paper Association (Association) brought this action challenging the Environmental Protection Agency's (EPA) approval of the Oklahoma Pollutant Discharge Elimination System permit program. The Association specifically challenges that portion of the permit program relating to the consultation procedures between the State of Oklahoma...
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