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THOMAS v. JACKSON

No. 08-2152.

581 F.3d 658 (2009)

James G. THOMAS; Kerry Thomas; Gregory Norlin; Nancy Norlin; Sierra Club, Plaintiffs-Appellants, v. Lisa P. JACKSON, in her capacity as Administrator of the Environmental Protection Agency; United States Environmental Protection Agency; William W. Rice, in his capacity as Acting Regional Administrator of Region VII of the Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2009.

Attorney(s) appearing for the Case

Wallace L. Taylor, argued, Cedar Rapids, IA, for appellants.

Justin R. Pidot, GOV, argued, Washington, DC, Ellen J. Durkee, GOV, Eileen T. McDonough, GOV, Washington, D.C., Robert Merrell Butler, AUSA, Cedar Rapids, IA, Stacey W. Person, GOV, Barbara Pace, EPA, and Elizabeth Huston EPA, Washington, DC, on the brief, for appellee.

Before LOKEN, Chief Judge, and MELLOY and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiffs filed a complaint in district court3 under the Administrative Procedure Act (the "APA"), arguing that approval by the Environmental Protection Agency (the "EPA") of the State of Iowa's 2004 "§ 303(d) lists" violated several aspects of the Clean Water Act (the "CWA"). The district court dismissed the complaint. We affirm.

I.

A. Statutory and Regulatory Background

The CWA...

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