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CITY OF ABILENE v. U.S. E.P.A.

Nos. 01-60894, 01-60895.

325 F.3d 657 (2003)

CITY OF ABILENE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. City of Irving, Petitioner, v. United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Fifth Circuit.

April 2, 2003.

Attorney(s) appearing for the Case

Jim Mathews (argued), Clarence Joe Freeland, Mathews & Freeland, Austin, TX, for Petitioners.

Michael James Zevenbergen (argued), c/o NOAA DARC, U.S. Dept. of Justice, Seattle, WA, Christine T. Whitman, U.S. EPA, Washington, DC, for Respondent.

Before HIGGINBOTHAM, EMILIO M. GARZA and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The Cities of Abilene and Irving, Texas ("Cities") petition this Court for review of permits issued by the Environmental Protection Agency ("EPA") imposing certain conditions on the Cities' ability to discharge pollutants from their storm sewer systems into United States waters. The challenged permit conditions require the Cities to implement a variety of programs designed to prevent the introduction of pollutants into storm sewers...

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