WATERKEEPER ALLIANCE, INC., American Farm Bureau Federation, National Chicken Council, National Pork Producers Council, American Littoral Society, Sierra Club, Inc., Natural Resources Defense Council, Inc., Petitioners/Intervenors,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Michael O. Leavitt, Administrator, United States Environmental Protection Agency Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: December 13, 2004.
Decided: February 28, 2005.
Attorney(s) appearing for the Case
Eric E. Huber, Sierra Club, Inc., Boulder, CO, for Sierra Club, Inc.; Jeffrey Odefey, Waterkeeper Alliance, Inc., Tarrytown, NY, of counsel, for Waterkeeper Alliance, Inc.; Melanie Shepherdson (Nancy K. Stoner, on the brief), Natural Resources Defense Council, Inc., Washington, D.C., of counsel, for Natural Resources Defense Council, Inc.; James M. Stuhltrager, Mid-Atlantic Environmental Law Center, Wilmington, DE, of counsel, for American Littoral Society; Petitioners/Interveners.
Richard E. Schwartz (Ellen B. Steen, and Kirsten L. Nathanson, on the brief), Crowell & Moring, LLP, Washington, DC, of counsel, for National Pork Producers Council; Timothy S. Bishop (Russell R. Eggert and Michael A. Scodro, on the brief), Mayer, Brown, Rowe & Maw, LLP, Chicago, IL, of counsel, for American Farm Bureau Federation; James T. Banks (Scott H. Reisch, on the brief), Hogan & Hartson, LLP, Washington, DC, of counsel, for National Chicken Council; Petitioners/Interveners.
Jon M. Lipschultz & Brian H. Lynk (Martha C. Mann, on the brief) for Kelly A. Johnson and John C. Cruden, U.S. Department of Justice, Washington, D.C., for United States Environmental Protection Agency and Michael O. Leavitt, Administrator of the United States Environmental Protection Agency; Respondents.
Albert Ettinger (Ann Alexander, and Shannon Fisk, on the brief), Environmental Law and Policy Center, Chicago, IL, for The Physicians for Social Responsibility, Hoosier Environmental Council, Ohio Environmental Council, and Prairie Rivers Network; Amici Curiae.
Before: OAKES, KATZMANN, and WESLEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
KATZMANN, Circuit Judge.
In this consolidated petition, we review various challenges to a regulation promulgated by the United States Environmental Protection Agency under the Clean Water Act in order to abate and control the emission of water pollutants from concentrated animal feeding operations. While we deny many of the challenges here brought, we find that several aspects of the regulation violate the express terms of the Clean Water Act or are otherwise arbitrary...
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