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DEFENDERS OF WILDLIFE v. U.S. ENVIRON. PROTEC.

No. 04-2151.

415 F.3d 1121 (2005)

DEFENDERS OF WILDLIFE; Forest Guardians, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 6, 2005.

Attorney(s) appearing for the Case

Alletta d'A. Belin, Belin & Sugarman, Santa Fe, NM, for Plaintiffs-Appellants.

Lane M. McFadden, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C. (Thomas L. Sansonetti, Assistant Attorney General, Lois Godfrey Wye, and Robert S. Oakley, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C.; and Cathy Winer, United States Environmental Protection Agency, Washington, D.C., with him on the briefs) for Defendant-Appellee.

Before TACHA, Chief Circuit Judge, McWILLIAMS, and HARTZ, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiffs-Appellants Defenders of Wildlife and Forest Guardians are environmental advocacy groups. They filed suit challenging the Defendant-Appellee United States Environmental Protection Agency's ("EPA") approval of New Mexico's water quality standards as contrary to the federal Clean Water Act ("CWA"). See 33 U.S.C. § 1251 et seq. The Plaintiffs contend that the New Mexico regulation exempts pollutants emanating from flood...

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