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AKIAK NATIVE COMMUNITY v. U.S. E.P.A.

No. 08-74872.

625 F.3d 1162 (2010)

AKIAK NATIVE COMMUNITY; Nunamta Aulukestai; Nondalton Tribal Council; Curyung Tribal Council; Cook Inletkeeper; Alaska Center for the Environment; Alaska Community Action on Toxics; Center for Biological Diversity; The Center for Water Advocacy, Petitioners, Ekwok Tribal Council; New Stuyahok Traditional Council; Prince William Soundkeeper, Intervenors, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Stephen L. Johnson, Administrator of the U.S. Environmental Protection Agency, Respondents, State of Alaska, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2010.

Attorney(s) appearing for the Case

Emily Anderson and Victoria Clark (argued), Trustees for Alaska, Anchorage, AK, for the petitioners and petitioner-intervenors.

John C. Cruden and Kenneth C. Amaditz (argued), United States Department of Justice, Washington, D.C., for the respondents.

Daniel S. Sullivan and Cameron M. Leonard (argued), State of Alaska, Fairbanks, AK, for the respondent-intervenor.

Opinion by Judge CLIFTON; Dissent by Judge SCHROEDER.

OPINION

CLIFTON, Circuit Judge:

Petitioner Akiak Native Community and other petitioners and intervenors (collectively "Petitioners" or "Akiak") seek review of the approval by the United States Environmental Protection Agency ("EPA") of the State of Alaska's application to assume responsibility for administration of portions of the National Pollutant Discharge Elimination System ("NPDES"), pursuant to section 402(b) of the Clean Water Act ("CWA"), 33 U.S...

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