RIVERKEEPER v. U.S. E.P.A.

No. 14-13508.

806 F.3d 1079 (2015)

Cahaba RIVERKEEPER, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Alabama Department of Environmental Management, Intervenor.

United States Court of Appeals, Eleventh Circuit.

November 30, 2015.


Attorney(s) appearing for the Case

David Alan Ludder , Law Office of David A. Ludder, PLLC, Tallahassee, FL, for Petitioners.

Simi Bhat , U.S. Department of Justice, Avi Garbow, U.S. Environmental Protection Agency Office of the Administrator, Washington, DC, Paul Schwartz , U.S. Environmental Protection Agency, Atlanta, GA, for Respondent.

Schuyler Espy , Thomas Leon Johnston , Steven Shawn Sibley , Alabama Department of Environmental Management Office of General Counsel, Montgomery, AL, for Intervenor.

Before JORDAN and JULIE CARNES, Circuit Judges, and ROBREÑO, District Judge.


The National Pollutant Discharge Elimination System, a part of the Clean Water Act, 33 U.S.C. § 1251 et seq., is a "federal permit program designed to regulate the discharge of polluting effluents" into the Nation's waters. Int'l Paper Co. v. Ouellette, 479 U.S. 481, 489, 107 S.Ct...

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