The NATIONAL COTTON COUNCIL OF AMERICA, et al., Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: April 29, 2008.
Decided and Filed: January 7, 2009.
Attorney(s) appearing for the Case
ARGUED: Charles Tebbutt, Western Environmental Law Center, Eugene, Oregon, for Petitioners. Alan D. Greenberg, United States Department Of Justice, Denver, Colorado, for Respondent. Claudia M. O'Brien, Latham & Watkins, Washington, D.C., Kirsten L. Nathanson, Crowell & Moring, Washington, D.C., for Intervenors. ON BRIEF: Charles Tebbutt, Western Environmental Law Center, Eugene, Oregon, Lauren E. Brown, Waterkeeper Alliance, Irvington, New York, Daniel E. Estrin, Pace Environmental Litigation Clinic, White Plains, New York, Reed W. Super, Morningside Heights Legal Services, Inc., Columbia University School of Law, New York, New York, Charles C. Caldart, National Environmental Law Center, Seatle, Washington, Steven Schatzow, Law Offices of Steven Schatzow, Washington, D.C., for Petitioners. Alan D. Greenberg, United States Department of Justice, Denver, Colorado, for Respondent. Claudia M. O'Brien, Kenneth W. Weinstein, Davis B. Tyner, Latham & Watkins, Washington, D.C., Kirsten L. Nathanson, Ellen Steen, Crowell & Moring, Washington, D.C., for Intervenors. Elliot Silverman, McDormott Will & Emery LLP, Irvine, California, for Amicus Curiae.
Before: GUY, SUHRHEINRICH, and COLE, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
COLE, Circuit Judge.
These proceedings involve a final regulation issued by the Environmental Protection Agency (the "EPA") under the Clean Water Act, 33 U.S.C. § 1251 et seq. The Clean Water Act regulates the discharge of "pollutants" into the nation's waters by, among other things, requiring entities that emit "pollutants" to obtain a National Pollutant Discharge Elimination System ("NPDES") permit. Id. §§ 1311(a), 1342. On...
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