NATURAL RESOURCES DEFENSE COUNCIL; Waterkeeper Alliance, Plaintiffs-Appellees, and
State of Connecticut; New York State Department of Environmental Conservation; State of New York, Plaintiffs-intervenors-Appellees,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Stephen L. Johnson, Defendants-Appellants, and
National Association of Home Builders; Associated General Contractors of America, Defendants-intervenors-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 17, 2008.
Filed September 18, 2008.
Attorney(s) appearing for the Case
Robert Lundman, United States Department of Justice, Washington, D.C., for the defendants-appellants.
Jeffrey Longworth, Barnes & Thornburg LLP, Washington, D.C., for the defendants-intervenors-appellants.
Kim Landsman, Patterson Belknap Webb & Tyler LLP, New York, NY, & Melanie Shepherdson, National Resources Defense Council, Washington, D.C., Layne Friedrich, Lawyers for Clean Water, Inc., San Francisco, CA, for the plaintiffs-appellees.
Douglas P. Carstens, Chatten Brown & Carstens, Santa Monica, CA, & Richard Dearing, State of New York, New York, NY, for the plaintiffs-intervenors-appellees.
Before: BARRY G. SILVERMAN, JOHNNIE B. RAWLINSON, and MILAN D. SMITH, JR., Circuit Judges.
United States Court of Appeals, Ninth Circuit.
MILAN D. SMITH, JR., Circuit Judge:
Plaintiffs-Appellees, National Resources Defense Council (NRDC) and Waterkeeper Alliance Inc. (collectively, NRDC), sued Defendants-Appellants, the United States Environmental Protection Agency and its administrator (collectively, EPA), under the Clean Water Act (CWA) and the Administrative Procedure Act (APA), seeking to compel the EPA to promulgate effluent limitation guidelines (ELGs...
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