State of MAINE, Petitioner,
v.
Stephen L. JOHNSON, Administrator, United States Environmental Protection Agency, Respondent.
Penobscot Nation, et al., Respondents, Intervenors.
Penobscot Nation, et al., Petitioners,
v.
Environmental Protection Agency, Respondent.
State of Maine, et al., Intervenors.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 8, 2007.
Decided August 8, 2007.
Attorney(s) appearing for the Case
Kaighn Smith, Jr. with whom Peter C. Felmlyi and Drummond Woodsum & MacMahon were on brief for Penobscot Nation, et al.
Mary Martha Born, Frank R. Lawrence, Zehava Zevit and Holland & Knight LLP on brief for National Congress of American Indians, Mohegan Tribe of Connecticut, San Manuel Band of Serrano Indians of California, Mashantucket Pequot Tribe of Connecticut and Eastern Band of Cherokee Indians of North Carolina, Amici Curiae.
Douglas J. Luckerman and David Kaplan on brief for Houlton Band of Maliseet Indians, Amicus Curiae.
Paul Stern, Deputy Attorney General, with whom G. Steven Rowe, Attorney General, and Gerald Reid, Assistant Attorney General, Office of the Attorney General, were on brief for State of Maine, et al.
Catherine R. Connors with whom Matthew D. Manahan and Pierce Atwood LLP were on brief for intervenors Town of Brownville, et al.
Stephen E. Crowley, Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, with whom Sue Ellen Wooldridge, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, James Havard and Tod Siegal, Environmental Protection Agency, Office of General Counsel, and Timothy Williamson, Office of Regional Counsel, Environmental Protection Agency, Region I, were on brief for respondents.
Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and STAFFORD, Senior District Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
This case presents a three-way dispute among two Indian tribes, the Environmental Protection Agency ("EPA") and the State of Maine ("Maine"). The two tribes are the Penobscot Nation and the Passamaquoddy Tribe (collectively, "the southern tribes"). Also involved are two different statutory regimes: the Clean Water Act, 33 U.S.C. § 1251 et seq. (2000), which the EPA administers in the first instance, and a pair of interlocking federal...
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