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FRIENDS OF PINTO CREEK v. U.S.E.P.A.

No. 05-70785.

504 F.3d 1007 (2007)

FRIENDS OF PINTO CREEK; Grand Canyon Chapter of the Sierra Club, Maricopa Audubon Society and Citizens for the Preservation of Powers Gulch and Pinto Creek, Petitioners, Carlota Copper Company, Intervenor, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Environmental Appeals Board; Stephen L. Johnson, Acting Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2007.

Attorney(s) appearing for the Case

Roger Flynn, Western Mining Action Project, Lyons, CO, for the petitioners.

D. Judith Keith, United States Department of Justice, Environmental Defense Section, Washington, DC; John S. Most, United States Department of Justice, Natural Resources Section, Washington, DC, for the respondents.

Amy R. Porter, Lewis and Roca LLP, Phoenix, AZ, for the intervenor.

Before: PROCTER HUG, JR., A. WALLACE TASHIMA, and RONALD M. GOULD, Circuit Judges.

HUG, Circuit Judge:

In this case, we determine whether the Environmental Protection Agency ("EPA") properly issued a National Pollution Discharge Elimination System ("NPDES") permit under the Clean Water Act to Carlota Copper Company ("Carlota"). The permit allows mining-related discharges of copper into Arizona's Pinto Creek, a waterbody already in excess of water quality standards for copper. Based upon provisions of the Clean Water Act, the implementing regulations...

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