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SIERRA CLUB, INC. v. LEAVITT

No. 05-13959.

488 F.3d 904 (2007)

SIERRA CLUB, INC., Florida Public Interest Research Group Citizen Lobby, Inc., Save Our Suwannee, Inc., Plaintiffs-Appellants, v. Michael O. LEAVITT, In his Official Capacity as Administrator of the United States Environmental Protection Agency, Jimmy Palmer, In his Official Capacity as Regional Administrator of the United States Environment Protection Agency Region 4, United States Environmental Protection Agency, Defendants-Appellees, Florida Department of Environmental Protection, Intervenor.

United States Court of Appeals, Eleventh Circuit.

June 8, 2007.

Attorney(s) appearing for the Case

Jennifer A. Murphy, Mid-Atlantic Environmental Law Ctr., Wilmington, DE, Eric E. Huber, Sierra Club, Boulder, CO, for Plaintiffs-Appellants.

Allen M. Brabender, U.S. Dept. of Justice, ENRD, Robert H. Oakley, Washington, DC, Christine E. Lamia, FDEP, OGC, Tallahassee, FL, for Defendants-Appellees.

Gregory M. Munson, FL Dept. of Env. Prot., MS 35, Tallahassee, FL, for Intervenor.

Before ANDERSON, BARKETT and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge:

The Sierra Club, Inc., and two local environmental organizations (collectively, "Sierra Club") filed this lawsuit against the United States Environmental Protection Agency and its administrators (collectively, "the EPA") alleging that the EPA violated its oversight responsibility under section 303(d) of the Clean Water Act, 33 U.S.C. § 1313(d), by approving Florida's list of impaired waters. The district court, ruling on cross-motions for...

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