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GULF RESTORATION NETWORK v. McCARTHY

No. 13-31214.

783 F.3d 227 (2015)

GULF RESTORATION NETWORK; Missouri Coalition For The Environment; Iowa Environmental Council; Tennessee Clean Water Network; Minnesota Center for Environmental Advocacy; Sierra Club; Prairie Rivers Network; Kentucky Waterways Alliance; Environmental Law & Policy Center; Natural Resources Defense Council, Incorporated; Waterkeeper Alliance, Incorporated, Plaintiffs-Appellees v. Gina McCARTHY, Administrator of the United States Environmental Protection Agency; United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 7, 2015.

Attorney(s) appearing for the Case

Ann Alexander (argued), Natural Resources Defense Council, Bradley David Klein, Environmental Law & Policy Center, Chicago, IL, Machelle Rae Lee Hall, Esq., Adam Babich, Tulane Environmental Law Clinic, New Orleans, LA, for Plaintiffs-Appellees.

Matthew Littleton, Trial Attorney (argued), John Emad Arbab,   Angeline Purdy, Environment & Natural Resources Division-Appellate, Washington, DC, for Defendants-Appellants.

Before HIGGINBOTHAM, CLEMENT, and HIGGINSON, Circuit Judges.

The Clean Water Act establishes a statutory scheme to protect and improve the quality of the country's waters. The administration of the Act depends on complicated interactions of three actors: the states, with lead responsibility for protecting waters within their borders; the EPA, which steps in when the...

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