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DEFENDERS OF WILDLIFE v. PERCIASEPE

No. 12-5122.

714 F.3d 1317 (2013)

DEFENDERS OF WILDLIFE and Sierra Club, Appellees Utility Water Act Group, Appellant v. Bob PERCIASEPE, in His Official Capacity as Acting Administrator, United States Environmental Protection Agency, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 2013.

Attorney(s) appearing for the Case

Kristy A.N. Bulleit argued the cause for the appellant. James N. Christman was on brief.

Thomas J. Ward was on brief for amici curiae National Association of Home Builders et al. in support of the appellant.

Robert J. Lundman , Attorney, United States Department of Justice, argued the cause for the federal appellee. Madeline Fleisher and John L. Smeltzer , Attorneys, were on brief.

Jennifer Suzanne Peterson argued the cause for appellees Defenders of Wildlife et al. Abigail Dillen was on brief.

Before: HENDERSON and GRIFFITH, Circuit Judges, and SENTELLE, Senior Circuit Judge.

KAREN LECRAFT HENDERSON, Circuit Judge:

Defenders of Wildlife and Sierra Club (collectively, Defenders) sued the United States Environmental Protection Agency (EPA) based on EPA's alleged failure to promptly promulgate revisions to certain effluent limitations and effluent limitations guidelines under the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq. When Defenders filed its complaint, it simultaneously filed a proposed consent decree — signed...

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