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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 00-70890.

279 F.3d 1180 (2002)

NATURAL RESOURCES DEFENSE COUNCIL; Southeast Alaska Conservation Council; Sierra Club; Organized Village of Kake; Hoonah Indian Association; Alaska Wilderness Recreation and Tourism Association; Tongass Conservation Society; Sitka Conservation Society; Alaska Center for the Environment; Alaska Wilderness League, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Christine Todd Whitman, Administrator, U.S. Environmental Protection Agency; and L. John Iani, Regional Administrator, Region 10 U.S. Environmental Protection Agency, Respondents, Alaska Forest Association, Inc.; Sealaska Corporation; Sealaska Timber Corporation, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2002.

Attorney(s) appearing for the Case

Sharon Buccino, Natural Resources Defense Council, Washington, D.C.; Robert E. Lindekugel, Southeast Alaska Conservation Council, Juneau, AK, for the petitioners.

Alan D. Greenberg, United States Department of Justice, Environment & Natural Resources Division, Denver, CO, for the respondents.

Jonathan K. Tillinghast, Simpson, Tillinghast, Sorensen, Lorensen & Longenbaugh, Juneau, Alaska; J.W. Peterson, Ziegler Law Firm, Ketchikan, AK, for the intervenors.

Before: THOMAS, GRABER, and GOULD, Circuit Judges.

THOMAS, Circuit Judge.

Petitioners seek review of permits issued by the United States Environmental Protection Agency ("EPA") authorizing the operators of log transfer facilities in Alaska to release bark and woody debris into marine waters. We conclude that the EPA failed to provide adequate notice and opportunity for comment prior to issuing the final general permits, and we grant the petition for review in part.

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