CONOCOPHILLIPS CO.; Anadarko Petroleum Corp.; Surfrider Foundation; Massachusetts Public Interest Protection Research Group; Soundkeeper, Inc.; Delaware Riverkeeper Network; American Littoral Society; Raritan Baykeeper, Inc., dba NY/NJ Baykeeper; Save the Bay-People for Narragansett Bay; Friends of Casco Bay; Santa Monica Baykeeper, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Stephen L. Johnson, Administrator, United States Environmental Protection Agency, in His Official Capacity as Administrator of the United States EPA, Respondent,
American Petroleum Institute, Respondent-Intervenor.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 23, 2010.
As Revised August 6, 2010.
Attorney(s) appearing for the Case
Jackson Battle (argued), Kurt Howard Kuhn, Brown McCarroll, L.L.P., Austin, TX, for ConocoPhillips Co. and Anadarko Petroleum Corp.
Jessica O'Donnell, Rochelle Leigh Russell, Trial Atty. (argued), U.S. Dept. of Justice, Environment & Natural Resources, Scott Fulton, EPA, Washington, DC, for U.S. EPA.
Russell Scott Frye (argued), FryeLaw, P.L.L.C., Washington, DC, for Cooling Water Intake Structure Coalition.
Elise Zoli, Kevin Paul Martin, Goodwin Proctor, L.L.P., Boston, MA, Michael Brunston Wallace, Wise, Carter, Child & Caraway, P.A., Jackson, MS, for Entergy Corp.
Reed W. Super (argued), Super Law Group, L.L.C., New York City, for Surfrider Foundation and Environment Massachusetts.
Philip Kent Correll, New York City, Edward Lloyd, Morning Side Heights Legal Services, New York City, Deborah A. Sivas, Stanford Law School, Legal Clinics, Stanford, CA, for Surfrider Foundation.
Frederic P. Andes, Barnes & Thornburg, L.L.P., Chicago, IL, for American Petroleum Institute.
Charles Craig Caldart, Nat. Environmental Law Ctr., Seattle, WA, Joshua R. Kratka, Nat. Environmental Law Ctr., Boston, MA, for Environment Massachusetts.
Before JOLLY, WIENER, BARKSDALE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
WIENER, Circuit Judge:
Before us are various consolidated challenges to a Final Rule (the "Rule") promulgated by the Environmental Protection Agency (the "EPA") pursuant to § 316(b) of the Clean Water Act (the "Act" or the "CWA"). The Rule regulates the use of cooling water intake structures ("CWIS") for both existing and new offshore oil and gas extraction facilities. Originally, the environmental Petitioners (collectively "Riverkeeper") challenged the Rule...
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