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SIERRA CLUB v. MEIBURG

No. 01-14587.

296 F.3d 1021 (2002)

SIERRA CLUB, Georgia Environmental Organization, Inc., Coosa River Basin Initiative Inc., Trout Unlimited, Ogeechee River Valley Association, Inc., Plaintiffs-Appellees, v. A. Stanley MEIBURG, Acting Regional Administrator, Christine T. Whitman, Administrator, the United States Environmental Protection Agency, United States Environmental Protection Agency ("U.S.EPA"), Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 2, 2002.

Attorney(s) appearing for the Case

John A. Bryson, Robert Oakley, U.S. Dept. of Justice, Environment & Natural Resources Div., App. Section, Greer Goldman, Washington, DC, for Defendants-Appellants.

Douglas P. Haines, Georgia CLPI, Kesler Thompson Roberts, Georgia Legal Watch, Athens, GA, Eric E. Huber, Earthjustice, Denver, CO, Donald D. Stack, Martin Arthur Shelton, Stack & Associates, PC, Atlanta, GA, for Plaintiffs-Appellees.

William Russell Phillips, GA Dept. of Law, Atlanta, GA, for Amicus Curiae Georgia Environmental Protection.

Robert D. Mowrey, Alston & Bird, LLP, Atlanta, GA, for Amicus Curiae Georgia Municipal Ass'n.

Lee A. DeHihns, III, Alston & Bird, Atlanta, GA, for Amicus Curiae County Comm'rs of Georgia.

Before EDMONDSON, Chief Judge, and CARNES and SILER, Circuit Judges.

CARNES, Circuit Judge:

The order we have before us in this appeal is based upon either an interpretation of a consent decree or a modification of the decree. Which one of the two the order is determines whether we have jurisdiction to review it. If the order is a modification of the decree, instead of merely an interpretation, we have appellate jurisdiction and the issue we must then decide is whether the district court abused its discretion by modifying the decree...

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