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LAKE CARRIERS' ASS'N v. E.P.A.

Nos. 09-1001, 09-1010, 09-1076, 09-1115.

652 F.3d 1 (2011)

LAKE CARRIERS' ASSOCIATION, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Center for Biological Diversity, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2011.

Attorney(s) appearing for the Case

Barry M. Hartman argued the cause for petitioners. With him on the briefs were Christopher R. Nestor and Shaun M. Gehan.   David E. Frulla entered an appearance.

Joel C. Mandelman was on the brief for amicus curiae Nutech 03, Inc. in support of petitioners.

Martin F. McDermott, Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondents.

Deborah A. Sivas,   Allison LaPlante,   Daniel P. Mensher, and Thomas Cmar were on the brief for intervenors Northwest Environmental Advocates, et al. in support of respondents.

Eric T. Schneiderman, Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood, Solicitor General, Monica B. Wagner, Assistant Solicitor General, Lisa Burianek, Deputy Bureau Chief, Michael Myers, Section Chief, Bill Schuette, Attorney General, Office of the Attorney General for the State of Michigan, John J. Bursch, Solicitor General, and Robert P. Reichel, Assistant Attorney General, were on the brief for amici curiae States of New York and Michigan.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Trade associations representing commercial ship owners and operators petition for review of a nationwide permit issued by the Environmental Protection Agency (EPA) for the discharge of pollutants incidental to the normal operation of vessels. The petitioners raise a number of procedural challenges, all related to EPA's decision to incorporate into the permit conditions that states submitted to protect their own water quality. Because we find that the petitioners...

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