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OUR CHILDREN'S EARTH FOUNDATION v. U.S.E.P.A.

No. 05-16214.

506 F.3d 781 (2007)

OUR CHILDREN'S EARTH FOUNDATION, and Ecological Rights Foundation; Ecological Rights Foundation, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael O. Leavitt, Administrator of EPA; Steven L. Johnson, Defendants-Appellees, Association of Metropolitan Sewerage Agencies; Effluent Guidelines Industry Coalition; The Utility Water Act Group (UWAG); National Association of Clean Water Agencies (NACWA), Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2007.

Attorney(s) appearing for the Case

Christopher Sproul, Environmental Advocates, San Francisco, CA; Michael W. Graf, Michael W. Graf Law Offices, El Cerrito, CA, for the appellant.

Sue Ellen Wooldridge, Assistant Attorney General, Washington, DC, for the appellees.

Fredric P. Andes, Carolyn S. Hesse, and David T. Ballard, Barnes & Thornburg, L.L.P., Chicago, IL, for intervenor-appellee Effluent Guidelines Industry Coalition.

David W. Burchmore and Jill A. Grinham, Squire, Sanders, & Dempsey L.L.P., Cleveland, OH, for intervenors-appellees Association of Metropolitan Sewerage Agencies, now known as National Association of Clean Water Agencies.

Melanie Shepherdson, National Resources Defense Counsel, Washington, DC, amicus in support of the appellants.

Jeffrey Odefey, Waterkeeper Alliance, Tarrytown, NY, amicus in support of the appellants.

Before: J. CLIFFORD WALLACE, D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

In 1972 Congress passed the Clean Water Act ("CWA" or "the Act") "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." See Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act of 1972), Pub.L. No. 92-500, 86 Stat. 816 (1972), codified at 33 U.S.C. § 1251(a). Central to that legislation and later amendments is the notion that pollution discharges would...

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