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SAN FRANCISCO BAYKEEPER v. WHITMAN

No. 01-16111.

287 F.3d 764 (2002)

SAN FRANCISCO BAYKEEPER; California Public Interest Research Group, Inc.; San Diego Baykeeper, Inc.; Environmental Defense Center, Plaintiffs-Appellants, and Natural Resources Defense Council; Santa Monica Baykeeper, Inc.; Western States Petroleum Association; Industrial Environmental Association of San Diego; Building Industry Legal Defense Foundation; California Building Industry Association, Intervenors, v. Christine Todd WHITMAN, Administrator of EPA, in her official capacity; Felicia Marcus, Regional Administrator; United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2002.

As Amended May 3, 2002.

Attorney(s) appearing for the Case

Michael R. Lozeau, Earthjustice Legal Defense Fund, Stanford, CA, for the plaintiffs-appellants.

David S. Beckman, Natural Resources Defense Council, Los Angeles, CA; Margaret Rosegay, Pillsbury Winthrop LLP, San Francisco, CA; Steven P. McDonald, Luce, Forward, Hamilton & Scripps LLP, San Diego, CA, for the intervenors.

Sandra Slack Glover, United States Department of Justice, Washington, DC, for the defendants-appellees.

Before: HUG, CUDAHY, and TASHIMA, Circuit Judges.

OPINION

HUG, Circuit Judge.

OVERVIEW

San Francisco BayKeeper, an environmental group, filed this action under the Clean Water Act ("CWA"), 33 U.S.C. § 1365(b), seeking a declaration that the State of California had failed to implement an adequate water pollution control program and failed to establish total maximum daily loads ("TMDL") of pollutants which could be introduced into polluted waters. BayKeeper contended that California was years...

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