SIERRA CLUB v. WHITMAN

No. 00-16895.

268 F.3d 898 (2001)

SIERRA CLUB, Grand Canyon Chapter; Teresa Leal, an individual, Plaintiffs-Appellants, v. Christie Todd WHITMAN, — in her official capacity as Administrator of the United States Environmental Protection Agency; Felicia Marcus, in her official capacity as Regional Administrator of the United States Environmental Protection Agency Region IX; U.S. Environmental Protection Agency; the United States Environmental Protection Agency Region IX; John Bernal, in his official capacity as Commissioner, U.S. Section of the International Boundary and Water Commission; the U.S. Section of the International Boundary and Water Commission; Cesar Rios, in his official capacity as Mayor, City of Nogales, Arizona; City of Nogales, Arizona, Defendants-Appellees. Christie Todd Whitman is substituted for her predecessor, Carol Browner, as Administrator of the United States Environmental Protection Agency.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2001.


Attorney(s) appearing for the Case

Vera S. Kornylak, Arizona Center for Law in the Public interest, Tucson, Arizona, for the plaintiffs-appellants.

Ellen J. Durkee, Environment & Natural Resources Division, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Before: William C. CANBY, Jr., Michael Daly HAWKINS and Ronald M. GOULD, Circuit Judges.


Opinion by Judge CANBY; Concurrence by Judge GOULD.

OPINION

CANBY, Circuit Judge:

The question presented by this appeal is whether the actions of the Administrator of the EPA in failing or refusing to find a violation of the Clean Water Act, and in failing or refusing to take enforcement action against the violators, are discretionary decisions of the Administrator that are not subject to judicial review under the Act. We conclude that both decisions...

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