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NORTHWEST ENVIRONMENTAL DEFENSE CENTER v. BROWN

No. 07-35266.

617 F.3d 1176 (2010)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, an Oregon non-profit corporation, Plaintiff-Appellant, and Oregon Forest Industry Council; American Forest & Paper Association, Intervenors, v. Marvin BROWN, Oregon State Forester, in his official capacity; Stephen Hobbs; Barbara Craig; Diane Snyder; Larry Giustina; William Heffernan; William Hutchison; Jennifer Phillippi, (members of the Oregon Board of Forestry, in their official capacities); Hampton Tree Farms, Inc., an Oregon domestic business corporation; Stimson Lumber Company, an Oregon domestic business corporation; Georgia-pacific West Inc., an Oregon domestic business corporation; Swanson Group, Inc., an Oregon domestic business corporation; Tillamook County, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2010.

Attorney(s) appearing for the Case

Paul A. Kampmeier , Washington Forest Law Center, Seattle, WA; Christopher G. Winter , Crag Law Center, Portland, OR, for the plaintiff-appellant.

Per A. Ramfjord , Louis A. Ferreira , J. Mark Morford , Stoel Rives LLP, Portland, OR, for defendants-appellees Hampton Tree Farms, Inc., Stimson Lumber Co., Georgia-Pacific West, Inc. and Swanson Group, Inc.

Per A. Ramfjord , Louis A. Ferreira , J. Mark Morford , Stoel Rives LLP, Portland, OR, for intervenor Oregon Forest Industries Council; Ellen B. Steen , Crowell & Mooring, Washington, D.C., for the intervenor American Forest and Paper Association; and William K. Sargent , Tillamook, OR, for intervenor Tillamook County.

Michael R. Lozeau and Douglas J. Chermack , Lozeau Drury LLP, Oakland, CA; Sharon Buccino , Natural Resources Defense Council, Washington, DC; Sharon E. Duggan , for amicus curiae Natural Resources Defense Council, Inc and the Environmental Protection Informatin Center in support of plaintiff-appellants.

Bradford T. McLane , U.S. Department of Justice, Washington, D.C., William C. Carpenter , Eugene, OR, for amici-curiae United States, Matthew Thompson and Kevin Boston.

Damien M. Schiff and Ralph W. Kasarda , Pacific Legal Foundation, Sacramento, CA; Michele A. Dias , California Forestry Association, Sacramento, CA, for Amici Pacific Legal Foundation and California Forestry Association in support of Defendants-Appellees.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and CHARLES R. BREYER, District Judge.

W. FLETCHER, Circuit Judge:

Northwest Environmental Defense Center ("NEDC") brings suit against the Oregon State Forester and members of the Oregon Board of Forestry in their official capacities (collectively, "State Defendants") and against various timber companies ("Timber Defendants," and collectively with State Defendants, "Defendants"). NEDC contends that Defendants have violated the Clean Water Act ("CWA") and its implementing regulations by not obtaining permits...

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