DEFENDERS OF WILDLIFE; Center for Biological Diversity; Craig Miller, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
National Association of Home Builders; State of Arizona; Arizona Chamber of Commerce, Intervenors.
Defenders of Wildlife; Center for Biological Diversity, Plaintiffs-Petitioners,
v.
Robert B. Flowers, Chief of Engineers and Commander, U.S. Army Corps of Engineers., Defendant-Respondent,
Christine Todd Whitman, Administrator U.S. Environmental Protection Agency, Defendant-Respondent,
Gale Norton; Steven Williams, Defendants-Respondents,
Continental Reserve II, LLC, Defendant-Intervenor/Intervenor,
HB Land Development Company; Stephen A. Owens, State of Arizona, exrel, Director Arizona Department of Environmental Quality; Grosvenor Holdings; National Association of Home Builders; Home Builders Association of Central Arizona; Southern Arizona Home Builders Association; Saguaro Ranch Investments LLC; Saguaro Ranch Development Corporation, Defendant-Intervenors/Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 1, 2004.
Filed August 22, 2005.
Attorney(s) appearing for the Case
Michael P. Senatore (argued), Michael P. Senatore, Defenders of Wildlife, Washington, D.C., Eric R. Glitzenstein, Meyer & Glitzenstein, Washington, D.C., Vera S. Kornylak, Arizona Center for Law in the Public Interest, Tucson, AZ (on the brief), for the petitioners.
Robert L. Gulley (argued), Thomas L. Sansonetti, Robert L. Gulley, John M. Lipshultz, Andrew Mergen, U.S. Department of Justice, Washington, D.C. (on the brief), for respondents Environmental Protection Agency and U.S. Fish and Wildlife Service.
James T. Skardon, Office of the Arizona Attorney General, Phoenix, AZ, for intervenor State of Arizona.
Russell S. Frye, Collier Shannon Scott, P.L.L.C., Washington, D.C., for intervenors Arizona Chamber of Commerce, et al.
Norman D. James, Esq. (argued), Norman D. James, Thomas R. Wilmoth, Fennemore Craig, Phoenix, AZ, for intervenors National Association of Home Builders, et al.
Before: REINHARDT, THOMPSON, and BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BERZON, Circuit Judge:
Under federal law, a state may take over the Clean Water Act pollution permitting program in its state from the federal Environmental Protection Agency (EPA) if it applies to do so and meets the applicable standards. This case concerns Arizona's application to run the Clean Water Act pollution permitting program in Arizona. When deciding whether to transfer permitting authority, the Fish and Wildlife...
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