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FRIENDS OF EARTH v. U.S. E.P.A.

Nos. 02-1123 & 02-1124.

333 F.3d 184 (2003)

FRIENDS OF THE EARTH, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2003.

Attorney(s) appearing for the Case

Howard I. Fox argued the cause for the petitioner. Keri N. Powell was on brief.

Scott J. Jordan, Attorney, United States Department of Justice, argued the cause for the respondent. Carol A. Siciliano, Attorney, United States Environmental Protection Agency, was on brief.

Alexandra D. Dunn, Stewart T. Leeth and David E. Evans were on brief for amici curiae Association of Metropolitan Sewerage Agencies and DC Water and Sewer Authority in support of the respondent.

Before: GINSBURG, Chief Judge, and EDWARDS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Friends of the Earth (FOE) seeks review of the decision by the Environmental Protection Agency (EPA) to issue limits — known as total maximum daily loads (TMDLs) — on certain pollutants discharged into the upper and lower Anacostia River in the District of Columbia. FOE claims that the Anacostia River TMDLs for biochemical...

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