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CITY OF PITTSFIELD, MASS. v. U.S. E.P.A.

No. 09-1879.

614 F.3d 7 (2010)

CITY OF PITTSFIELD, MASSACHUSETTS, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, First Circuit.

Decided July 16, 2010.

Attorney(s) appearing for the Case

Donald L. Anglehart, with whom Law Office of Donald L. Anglehart, LLC was on brief, for petitioner.

Laurel A. Bedig, United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, with whom Ignacia S. Moreno, Assistant Attorney General, Pooja Parika, United States Environmental Protection Agency, Office of the General Counsel, and Ann Williams and Charlotte Withey, Regional Assistant Counsel, United States Environmental Protection Agency, were on brief, for respondent.

Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

The City of Pittsfield, Massachusetts asks us to consider whether the Environmental Appeals Board (EAB) improperly declined Pittsfield's petition seeking the Board's review of the Environmental Protection Agency's (EPA) grant of a National Pollutant Discharge Elimination System (NPDES) permit for the Pittsfield Wastewater Treatment Plant. Pittsfield sought changes to the terms of the permit, which was issued pursuant to section 402 of the Clean...

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