CITY OF PORTLAND, OREGON v. E.P.A.

No. 06-1068.

507 F.3d 706 (2007)

CITY OF PORTLAND, OREGON, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. City of New York, New York, Intervenor for Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 2007.


Attorney(s) appearing for the Case

John M. Stevens, argued the cause for petitioner. With him on the briefs was Jonathan M. Ettinger.

Martin F. McDermott, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Caroline H. Wehling, Assistant General Counsel.

Susan E. Amron, Assistant Corporation Counsel, was on the brief for intervenor City of New York in support of petitioner. Christopher G. King, Counsel, entered an appearance.

Diane Curran was on the brief for amici curiae Oregon Wild, et al. in support of petitioner.

Timothy Donaldson and Charles B. Roe, Jr. were on the brief for amicus curiae City of Walla Walla, Washington.

Before: GINSBURG, Chief Judge, and SENTELLE and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case Portland and New York City challenge an Environmental Protection Agency rule regulating microbial contaminants in drinking water. The rule requires the two cities to take several steps to eliminate the parasite Cryptosporidium from their drinking water. The cities challenge the rule on many grounds, arguing that EPA improperly conducted a required cost-benefit analysis,...

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