AMERICAN WILDLANDS v. BROWNER

No. 00-1224.

260 F.3d 1192 (2001)

AMERICAN WILDLANDS; Pacific Rivers Council; Montana Environmental Information Center and Northern Plains Resource Council, Inc., Plaintiffs-Appellants, v. Carol BROWNER, in her official capacity as the Administrator of the U.S. Environmental Protection Agency; Bill Yellowtail, in his official capacity as the Regional Administrator of the U.S. Environmental Protection Agency, Region VIII and Environmental Protection Agency, an agency of the United States Government, Defendants-Appellees. and Western Environmental Trade Association, on behalf of its members and State of Montana, Department of Environmental Quality, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

August 8, 2001.


Attorney(s) appearing for the Case

Kristen L. Boyles, Earthjustice Legal Defense Fund, Seattle, Washington, (Stephen D. Mashuda, Earthjustice Legal Defense Fund, Seattle, Washington, and James S. Angell, Earthjustice Legal Defense Fund, Denver, Colorado, with her on the briefs), for Appellants.

Robert H. Oakley (Lois J. Schiffer, Assistant Attorney General, David A. Carson and Greer S. Goldman, with him on the brief), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellee Environmental Protection Agency.

Claudia L. Massman, Special Assistant Attorney General, Department of Environmental Quality, Helena, Montana, for Appellee State of Montana.

Rebecca W. Watson, Gough, Shanahan, Johnson & Waterman, Helena, Montana, and John Bloomquist, Doney, Crowley, Bloomquist & Uda, Helena, Montana, filed a brief on behalf of Appellee Western Environmental Trade Association.

Before TACHA, Chief Judge, REAVLEY, and LUCERO, Circuit Judges.


TACHA, Chief Circuit Judge.

This appeal presents a challenge by Appellant American Wildlands to the Environmental Protection Agency's ("the EPA") approval pursuant to the Clean Water Act of certain of Montana's water quality standards. Specifically, two questions are presented to this court for review: (1) whether the EPA properly approved Montana's statutory exemption from antidegradation review of nonpoint sources of pollution; and (2) whether the EPA properly approved...

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