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PINEY RUN PRESERVATION v. COUNTY COMMISSIONERS OF CARROLL CTY.

Nos. 00-1283, 00-1322.

268 F.3d 255 (2001)

The PINEY RUN PRESERVATION ASSOCIATION, Plaintiff-Appellee, v. COUNTY COMMISSIONERS OF CARROLL COUNTY, MARYLAND, Defendant-Appellant. Association of Metropolitan Sewerage Agencies; Water Environment Federation; Maryland Association of Municipal Wastewater Agencies, Incorporated; Virginia Association of Municipal Wastewater Agencies, Incorporated; West Virginia Municipal Water Quality Association, Incorporated; American Chemistry Council; American Forest And Paper Association; Chamber of Commerce of The United States of America; General Electric Company; National Association of Manufacturers; Utility Water Act Group; Virginia Manufacturers Association; M.A.D.E. in Maryland; Alliance of Automobile Manufacturers; American Iron And Steel Institute; American Petroleum Institute; Environmental Federation of Oklahoma; Michigan Manufacturers Associations; Mississippi Manufacturers Association; National Petrochemical and Refiners Association; Nuclear Energy Institute; Western States Petroleum Association, Amici Curiae. The Piney Run Preservation Association, Plaintiff-Appellant, v. County Commissioners of Carroll County, Maryland, Defendant-Appellee. Association of Metropolitan Environment Federation; Maryland Association of Municipal Wastewater Agencies, Incorporated; Virginia Association of Municipal Wastewater Agencies, Incorporated; West Virginia Municipal Water Quality Association, Incorporated; American Chemistry Council; American Forest and Paper Association; Chamber of Commerce of the United States of America; General Electric Company; National Association of Manufacturers; Utility Water Act Group; Virginia Manufacturers Association; M.A.D.E. in Maryland; Alliance of Automobile Manufacturers; American Iron and Steel Institute; American Petroleum Institute; Environmental Federation of Oklahoma; Michigan Manufacturers Associations; Mississippi Manufacturers Association; National Petrochemical and Refiners Association; Nuclear Energy Institute; Western States Petroleum Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: October 10, 2001.

Attorney(s) appearing for the Case

ARGUED: Linda S. Woolf, GOODELL, DEVRIES, LEECH & GRAY, L.L.P., Baltimore, Maryland, for Appellant. Christopher Donald Pomeroy, McGUIRE WOODS, L.L.P., Richmond, Virginia, for Amici Curiae State Associations. Guerdon Macy Nelson, Towson, Maryland, for Appellee. ON BRIEF: Michael B. MacWilliams, Ian Gallacher, GOODELL, DEVRIES, LEECH & GRAY, L.L.P., Baltimore, Maryland, for Appellant. F. Paul Calamita, McGUIRE WOODS, L.L.P., Richmond, Virginia, for Amici Curiae State Associations. D. Randall Benn, Paul C. Freeman, LEBOEUF, LAMB, GREENE & MACRAE, L.L.P., Washington, D.C., for Amici Curiae Sewerage Agencies, et al. James N. Christman, HUNTON & WILLIAMS, Richmond, Virginia, for Amici Curiae Industry Groups. Robert G. Smith, Anthony M. Carey, VENABLE, BAETJER & HOWARD, L.L.P., Baltimore, Maryland, for Amicus Curiae M.A.D.E. in Maryland. Scott M. DuBoff, Kenneth S. Kaufman, WRIGHT & TALISMAN, P.C., Washington, D.C., for Amici Curiae Automobile Manufacturers, et al.

Before: WILKINS, KING, and GREGORY, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge WILKINS and Judge GREGORY joined.

OPINION

KING, Circuit Judge:

The Piney Run Preservation Association sued the Commissioners of Carroll County, Maryland, claiming that a county-operated waste treatment plant was discharging warm water into a local stream, Piney Run, in violation of the Clean Water Act. The district court construed the plant's NPDES permit as not...

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