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SIERRA CLUB v. CLIFFORD

No. 99-31299.

257 F.3d 444 (2001)

SIERRA CLUB; Louisiana Environmental Action Network, Inc., Plaintiffs-Appellees, v. Gerald CLIFFORD, Regional Administrator; Carol M. Browner, Administrator, the United States Environmental Protection Agency; Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 21, 2001.

Attorney(s) appearing for the Case

Eric Eugene Huber (argued), Carrie Esther Boykin, Earth Justice Legal Defense Fund, Legal Defense Fund, New Orleans, La, for Plaintiffs-Appellees.

John A. Bryson (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Defendants-Appellants.

James J. Cox, Cox, Cox, Filo & Camel, Lake Charles, LA, for Mossville Environmental Action Now, Amicus Curiae.

James M. Stuhltrager, Mid-Atlantic Environmental Law Center, Wilmington, DE, for American Littoral Society, Amicus Curiae.

Before GARWOOD, PARKER and DENNIS, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

This appeal involves the district court's references of motions for summary judgment and other liability and remedy issues concerning Appellants' mandatory duty under section 303(d) of the Clean Water Act, 33 U.S.C. § 1313(d), to a special master pursuant to FED.R.CIV.P. 53(b). Because we conclude that the references were improper, we VACATE the orders of reference, the orders adopting the master's recommendations, and the final...

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