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TEXAS IND. PROD., ROYALTY OWNERS ASSOC. v. E.P.A.

Nos. 03-3277 to 03-3281, 03-3865.

410 F.3d 964 (2005)

TEXAS INDEPENDENT PRODUCERS AND ROYALTY OWNERS ASSOCIATION, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 13, 2005.

Attorney(s) appearing for the Case

Janet L. McQuaid (argued), Fulbright & Jaworski, Austin, TX, Barry Sullivan, Jenner & Block, Chicago, IL, for Petitioners.

Alan D. Greenberg (argued), Department of Justice, Denver, CO, Bharat Mathur, Office of the Regional Counsel, Chicago, IL, Ann R. Klee, Office of General Counsel, Washington, DC, for Respondent.

Ellen B. Steen, R. Timothy McCrum, Crowell & Moring, Jeffrey S. Longsworth, Barnes & Thornburg, Washington, DC, for Intervenors.

Isaac Jackson, Jr., Office of the Attorney General, Baton Rouge, LA, David W. Cooney, Jr., Austin, TX, Michael Decker, Oklahoma Corporation Commission, Oklahoma City, OK, for Amicus Curiae.

Before BAUER, MANION, and WILLIAMS, Circuit Judges.

MANION, Circuit Judge.

On July 1, 2003, the Environmental Protection Agency issued its "Final National Pollutant Discharge Elimination System General Permit for Storm Water Discharges From Construction Activities" ("General Permit"). 68 Fed.Reg. 39,087 (July 1, 2003). Several organizations filed petitions for review of this final agency action, and those petitions were consolidated before this court. For the reasons that follow, we hold that the General Permit does...

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