AMERICAN FOREST AND PAPER ASS'N v. U.S. E.P.A.

No. 96-60874.

137 F.3d 291 (1998)

AMERICAN FOREST AND PAPER ASSOCIATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

March 30, 1998.


Attorney(s) appearing for the Case

Russell Scott Frye, Erin Buckley Bradley, Chadbourne & Parke, Washington, DC, for Petitioner.

Steven Edward Rusak, U.S. Dept. of Justice, Washington, DC, Carol Browner, EPA, Washington, DC, for Respondent.

Scott M. DuBoff, John Heiderscheit, Wright & Talisman, Washington, DC, for Amer.Petro. Inst., Chamber of Commerce of U.S., Michigan Manufacturer, Nat'l Ass'n of Manu., Nat'l Ass'n of Home Builders and State Chamber of Oklahoma's Ass'n of Business and Industry, Amicus Curiae.

Elizabeth Ellen Teel, New Orleans, LA, for Legal Environmental Assistance Foundation, Inc., Louisiana Environmental Action Network, Louisiana Wildlife Federation, Maryland Conservation Council, St. Charles Environmental Coalition and St. John Citizens for Environmental Justice, Amicus Curiae.

Before JONES and SMITH, Circuit Judges, and FITZWATER, District Judge.


JERRY E. SMITH, Circuit Judge:

Pursuant to the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., the Environmental Protection Agency ("EPA") delegated to Louisiana the responsibility for administering the Louisiana Pollutant Discharge Elimination System ("LPDES"). In exchange for its approval, EPA required Louisiana to consult with the Fish and Wildlife Service ("FWS") and the National Marine Fisheries Service...

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