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ASSOC. TO PROTECT HAMMERSLEY v. TAYLOR RESOURCES

No. 00-35667.

299 F.3d 1007 (2002)

ASSOCIATION TO PROTECT HAMMERSLEY, ELD, AND TOTTEN INLETS, a Washington non-profit corporation, Plaintiff-Appellant, v. TAYLOR RESOURCES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 18, 2002.

Resubmitted August 6, 2002.

Filed August 6, 2002.

Attorney(s) appearing for the Case

Jennifer A. Dold and David S. Mann, Bricklin & Gendler, LLP, Seattle, WA, for the plaintiff-appellant.

Samuel W. Plauche, Buck & Gordon, Seattle, WA, for the defendant-appellee.

Joseph J. Mann, National Environmental Law Center, Boston, MA; F. Robert Studdert, National Fisheries Institute, Inverness, CA; Sylvia Quast, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Lori A. Howell, Maine Aquaculture Association, Eliot, ME; and Ronald L. Lavigne, Assistant Attorney General, State of Washington, Department of Ecology, Olympia, WA, for the amici curiae.

Before: THOMAS, GRABER and GOULD, Circuit Judges.

OPINION

GOULD, Circuit Judge.

This case poses the interesting question whether the mussel shells, mussel feces and other biological materials emitted from mussels grown on harvesting rafts, and thereby entering the beautiful waters of Puget Sound, constitute the discharge of pollutants from a point source without a permit in violation of the Clean Water Act ("the Act"), 33 U.S.C. §§ 1251-1376. Preliminarily, we must also assess procedural issues...

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