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FLORIDA PUBLIC INTEREST RESEARCH GROUP v. E.P.A.

No. 03-13810.

386 F.3d 1070 (2004)

FLORIDA PUBLIC INTEREST RESEARCH GROUP CITIZEN LOBBY, INC., Save Our Suwannee, Inc., et al., Plaintiffs-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, Mike Leavitt, Administrator, et al., Defendants-Appellees, Florida Department of Environmental Protection, Intervenor-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 4, 2004.

Attorney(s) appearing for the Case

James M. Stuhltrager, James R. May, Mid-Atlantic Environmental Law Center, Wilmington, DE, Eric E. Huber, Sierra Club, Boulder, CO, for Plaintiffs-Appellants.

Jeffrey Bossert Clark, U.S. Dept. of Justice Envi. & Natural Resources Div., Robert H. Oakley, ENRD Appellate Section, Washington, DC, Winston K. Borkowski, Holly Taylor Cauley, Florida Dept. of Environmental Protection, Tallahassee, FL, for Defendants-Appellees.

James S. Alves, Hopping, Green & Sams, Tallahassee, FL, for Amicus Curiae.

Before BIRCH, MARCUS and BRUNETTI, Circuit Judges.

MARCUS, Circuit Judge:

The plaintiffs1 appeal from the district court's order granting summary judgment in favor of the defendants, the United States Environmental Protection Agency and its administrators (collectively, "the EPA"), and the Florida Department of Environmental Protection ("the FDEP"). After thorough review of the record and careful consideration of the briefs and oral argument, we conclude that this case is justiciable and...

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