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NATIONAL PORK PRODUCERS COUNCIL v. U.S. ENVIRONMENTAL PROTECTION AGENCY

No. 08-61093.

NATIONAL PORK PRODUCERS COUNCIL; AMERICAN FARM BUREAU FEDERATION; OKLAHOMA PORK COUNCIL; UNITED EGG PRODUCERS; NORTH CAROLINA PORK COUNCIL; NATIONAL CHICKEN COUNCIL; U.S. POULTRY & EGG ASSOCIATION; DAIRY BUSINESS ASSOCIATION INC; NATIONAL MILK PRODUCERS FEDERATION, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. NATURAL RESOURCES DEFENSE COUNCIL, INC; SIERRA CLUB; WATERKEEPER ALLIANCE, Intervenors.

United States Court of Appeals, Fifth Circuit.

Filed March 15, 2011.

CARL E. STEWART, Circuit Judge:

In 2003, the Environmental Protection Agency (EPA) revised its regulations, implementing the Clean Water Act's (CWA or the Act) oversight of Concentrated Animal Feeding Operations (CAFOs). Several parties challenged the 2003 revisions (hereinafter the 2003 Rule), and the Second Circuit reviewed the challenges in Waterkeeper Alliance, Inc. v. Environmental Protection Agency, 399 F.3d 486...

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