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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 06-73217.

526 F.3d 591 (2008)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2008.

Attorney(s) appearing for the Case

Sharon Buccino, Aaron Colangelo and Margaret Renner, Natural Resources Defense Council, Washington, D.C., for the petitioner.

David A. Carson, United States Department of Justice, Environmental & Natural Resources Division, Denver, CO, for the respondent.

Thomas C. Jackson, Baker Botts L.L.P., Washington, D.C., for amicus curiae American Petroleum Institute.

Janet Lynn McQuaid, Fulbright & Jaworski L.L.P., Austin, TX, for amicus curiae Independent Petroleum Association of America.

Before: JANE R. ROTH, SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

ROTH, Circuit Judge:

The Natural Resources Defense Council (NRDC), along with the Oil and Gas Accountability Project (OGAP), Amigos Bravos, and Powder River Basin Resource Council (Powder River), have challenged aspects of the Environmental Protection Agency's (EPA) recent Clean Water Act (CWA) storm water discharge rule. This rule is entitled "Amendments to the National Pollutant Discharge Elimination System (NPDES) Regulations for Storm Water Discharges Associated...

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