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), Defendant-Intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 13, 2007.
Filed May 23, 2008.
Attorney(s) appearing for the Case
Christopher Sproul, Environmental Advocates, San Francisco, CA, for the plaintiffs-appellants.
Allen M. Brabender (argued), Sue Ellen Wooldridge, Assistant Attorney General, John A. Bryson and Eileen T. McDonough, Attorneys, United States Dept. of Justice, Environment and Natural Resources Div., Washington, DC; Carol Ann Siciliano and Pooja Seth Parikh, Office of General Counsel, United States Environmental Protection Agency, Washington, DC, for the defendants-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.
United States Court of Appeals, Ninth Circuit.
ORDER AND OPINION
ORDER
The petition for panel rehearing is granted. The petition for rehearing en banc is denied as moot.
The opinion filed October 29, 2007, slip op. 14215, and appearing at 506 F.3d 781, is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. It is replaced by the concurrently filed opinion.
OPINION
McKEOWN, Circuit Judge...
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