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NATIONAL WILDLIFE FED. v. U.S. ARMY CORPS

Nos. 03-35235, 03-35237.

384 F.3d 1163 (2004)

NATIONAL WILDLIFE FEDERATION; Sierra Club; Idaho Rivers United, Inc.; American Rivers; Pacific Coast Federation Of Fishermen's Associations; Institute For Fisheries Resources; Washington Wildlife Federation; Idaho Wildlife Federation, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Inland Ports and Navigation Group, Port of Lewiston, Idaho; Port of Whitman County, Washington; Port of Morrow, Oregon; Shaver Transportation Co., et al.; Potlatch Corporation; Columbia River Alliance; Northwest Pulp & Paper Association; Northwest Irrigation Utilities, Inc., Defendants-Intervenors-Appellees, v. Nez Perce Tribe of Idaho, Plaintiff-Intervenor. National Wildlife Federation; Sierra Club; Idaho Rivers United, Inc.; American Rivers; Pacific Coast Federation Of Fishermen's Associations; Institute For Fisheries Resources; Washington Wildlife Federation; Idaho Wildlife Federation, Plaintiffs, v. United States Army Corps of Engineers, Defendant-Appellee, Inland Ports and Navigation Group, Port of Lewiston, Idaho; Port of Whitman County, Washington; Port of Morrow, Oregon; Shaver Transportation Co., et al.; Potlatch Corporation; Columbia River Alliance; Northwest Pulp & Paper Association; Northwest Irrigation Utilities, Inc., Defendants-Intervenors-Appellees, v. Nez Perce Tribe of Idaho, Plaintiff-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2004.

Attorney(s) appearing for the Case

Kristen L. Boyles, Earthjustice, Seattle, WA, for the plaintiffs-appellants.

David Cummings, Nez Perce Tribe Office of Legal Counsel, Lapwai, ID, for the plaintiff-intervenor-appellant.

Sylvia Quast, United States Department of Justice, WA, D.C., for the defendant-appellee.

Beth S. Ginsberg, Laurie K. Beale, Stoel Rives, Seattle, WA, for the defendants-intervenors-appellees.

Before BRUNETTI, McKEOWN, and GOULD, Circuit Judges.

Opinion by Judge Gould; Dissent by Judge McKeown

GOULD, Circuit Judge:

We must decide whether the United States Army Corps of Engineers (Corps) has met its obligation to comply with state water quality standards, as required by the Clean Water Act. Appellants National Wildlife Federation, Sierra Club, Idaho Rivers United, Inc., American Rivers, Pacific Coast Federation of Fishermen's Associations, Institute for Fisheries Resources, Washington Wildlife Federation...

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