HEADWATERS, INC. v. TALENT IRRIGATION DIST.

No. 99-35373.

243 F.3d 526 (2001)

HEADWATERS, INC., an Oregon not for profit corporation; Oregon Natural Resources Council (ONRC) Action, an Oregon not for profit corporation, Plaintiffs-Appellants, v. TALENT IRRIGATION DISTRICT, an Oregon municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2001


Attorney(s) appearing for the Case

Charles M. Tebbutt, Western Environmental Law Center, Eugene, Oregon, for the plaintiffs-appellants.

Robert L. Cowling, Hornecker, Cowling, Hassen & Heysell, Medford, Oregon, for the defendant-appellee.

Stephen A. Redshaw, Stoel, Rives, Portland, Oregon, for amicus Oregon Water Resources Congress.

John D. Conner, Jr., McKenna & Cuneo, Washington, D.C., for the amici curiae.

Jared A. Goldstein, Environment and Natural Resources Division, Department of Justice, Washington, D.C., for amicus United States.

Before: Robert BOOCHEVER, Stephen S. TROTT, and Marsh S. BERZON, Circuit Judges.


Argued and Submitted August 8, 2000 — Pasadena, California

BOOCHEVER, Circuit Judge:

Headwaters, Inc. and Oregon National Resources Council Action filed a citizen lawsuit against the Talent Irrigation District. The suit alleged that the irrigation district had violated the Clean Water Act by applying the aquatic herbicide Magnacide H to its canals, without obtaining a National Pollution Discharge Elimination System permit. The district court granted...

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