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NATIONAL WILDLIFE FEDERATION v. BROWNER

No. 00-1258.

237 F.3d 670 (2001)

NATIONAL WILDLIFE FEDERATION, et al., Petitioners, v. Carol M. BROWNER, Administrator, Environmental Protection Agency and Environmental Protection Agency, Respondents. American Forest and Paper Association, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 2001.

Attorney(s) appearing for the Case

Raymond B. Ludwiszewski argued the cause for Industry Petitioners Boise Cascade Corporation, et al. With him on the briefs were Peter E. Seley and Scott H. Segal. Gene E. Godley entered an appearance.

Neil S. Kagan argued the cause and filed the brief for petitioners National Wildlife Federation, et al.

Jon M. Lipshultz, Attorney, U.S. Department of Justice, argued the cause for respondents. Lois J. Schiffer, Assistant Attorney General, Karen L. Egbert, Attorney, and Carol Ann Siciliano, Attorney, Environmental Protection Agency, were on the brief. Seth M. Barsky, Attorney, U.S. Department of Justice, entered an appearance.

Before: WILLIAMS and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The National Wildlife Federation and various pulp, paper, and paperboard companies petitioned for review of the Environmental Protection Agency's new effluent guidelines for paper mills. At this stage of the proceedings, we consider Industry petitioners' motion to dismiss NWF's petition for lack of subject matter jurisdiction. This is a simple issue. Because the statutory provision Industry...

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