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NORTHEAST OHIO REGIONAL v. U.S. E.P.A.

Nos. 00-4502, 01-3379.

411 F.3d 726 (2005)

NORTHEAST OHIO REGIONAL SEWER DISTRICT; City of Cincinnati, on behalf of the Metropolitan Sewer District of Greater Cincinnati, Hamilton County, Ohio; City of Akron, Public Utilities Bureau; City of Columbus, Division of Sewerage & Drainage; City of Toledo (00-4502); Indiana Water Quality Coalition (01-3379), Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 16, 2005.

Attorney(s) appearing for the Case

ARGUED: David W. Burchmore, Squire, Sanders & Dempsey, Cleveland, Ohio, Fredric Paul Andes, Barnes & Thornburg, Chicago, Illinois, for Petitioners. Andrew J. Doyle, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: David W. Burchmore, Steven C. Bordenkircher, Squire, Sanders & Dempsey, Cleveland, Ohio, Fredric Paul Andes, Barnes & Thornburg, Chicago, Illinois, Susan E. Ashbrook, Columbus City Attorney's Office, Columbus, Ohio, for Petitioners. Andrew J. Doyle, United States Department of Justice, Washington, D.C., Stephen J. Sweeney, United States Environmental Protection Agency, Washington, D.C., Gary Prichard, United States Environmental Protection Agency, Chicago, Illinois, for Respondent.

Before: DAUGHTREY and GILMAN, Circuit Judges; RICE, District Judge.

OPINION

GILMAN, Circuit Judge.

A group of public agencies and private companies based in Indiana and Ohio have petitioned this court for a review of a final decision issued by the United States Environmental Protection Agency (EPA) regarding state regulatory schemes governing toxic discharges into the Great Lakes. For the reasons set forth below, we deny the petitions for review.

I. BACKGROUND

A. Factual background

This litigation...

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