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NATIONAL PORK PRODUCERS COUNCIL v. U.S. E.P.A.

No. 08-61093.

635 F.3d 738 (2011)

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.

March 15, 2011.

Attorney(s) appearing for the Case

Richard Edward Schwart (argued), Kirsten Louise Nathanson , Crowell & Moring, L.L.P., Washington, DC, Ellen Steen , Amer. Farm Bureau Federation General Counsel, Washington DC, for Petitioners.

Brian H. Lynk , Trial Atty. (argued), Dept. of Justice, Environmental Defense Section, Amanda Shafer Berman (argued), Jered Joseph Lindsay (argued), Dept. of Justice, Environment & Natural Resources Div., Scott Fulton, E.P.A., Washington, DC, for Respondent.

Before BARKSDALE, STEWART and SOUTHWICK, Circuit Judges.

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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