CONSERVATION LAW FOUNDATION, INC. v. PRUITT

Nos. 17-1166, 17-1354.

881 F.3d 24 (2018)

CONSERVATION LAW FOUNDATION, INC., Plaintiff, Appellant, v. Scott PRUITT, Administrator of the United States Environmental Protection Agency; Deborah Szaro, in her capacity as Acting Regional Administrator, United States Environmental Protection Agency, Region 1, Defendants, Appellees. Conservation Law Foundation, Inc.; Charles River Watershed Association, Inc., Plaintiffs, Appellants, v. U.S. Environmental Protection Agency, Scott Pruitt, Administrator; U.S. Environmental Protection Agency, Region I, Deborah Szaro, Acting Regional Administrator, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 24, 2018.


Attorney(s) appearing for the Case

Christopher Kilian , with whom John Maxwell Greene and Conservation Law Foundation were on brief, for appellants.

David Gunter , Environment and Natural Resources Division, U.S. Department of Justice, with whom Jeffrey H. Wood , Acting Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General, were on brief, for appellees.

Before Torruella, Lipez, and Kayatta, Circuit Judges.


In this consolidated appeal, Conservation Law Foundation ("CLF") and Charles River Watershed Association ("CRWA") (collectively "plaintiffs") challenge the dismissal of their claims against the Environmental Protection Agency. Plaintiffs' two suits focus on 40 C.F.R. § 124.52(b), a regulation promulgated under the Clean...

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