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NEBRASKA v. E.P.A.

No. 01-1101.

331 F.3d 995 (2003)

State of NEBRASKA, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. American Wood Preservers Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2003.

Attorney(s) appearing for the Case

Jon C. Bruning, Attorney General for the State of Nebraska, argued the cause for petitioners. With him on the briefs were Donald B. Stenberg, Attorney General at the time the briefs were filed, Jodi M. Fenner, Assistant Attorney General, Leo P. Dobrovolny, Jr., Sam Kazman, and Ben C. Lieberman.

J. Steven Rogers, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Caroline H. Wehling, Assistant General Counsel. John C. Cruden, Assistant Attorney General, entered an appearance.

Erik D. Olson argued the cause for intervenor Natural Resources Defense Council. With him on the brief was Aaron Colangelo.

Before: EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Safe Drinking Water Act directed EPA to promulgate national primary drinking water regulations. The regulations established enforceable standards, called maximum contaminant levels, limiting the amount of specified contaminants permitted in drinking water from public water systems.1 42 U.S.C. § 300g...

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