OHIO VALLEY ENVIRONMENTAL COALITION, INC.; Sierra Club; West Virginia Highlands Conservancy, Inc.; West Virginia Rivers Coalition, Plaintiffs-Appellees,
v.
Scott PRUITT, Administrator, United States Environmental Protection Agency; Cecil Rodrigues, Acting Regional Administrator, United States Environmental Protection Agency, Region III, Defendants-Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 8, 2018.
Decided: June 20, 2018.
Attorney(s) appearing for the Case
ARGUED: James Anthony Maysonett , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Derek Owen Teaney , APPALACHIAN MOUNTAIN ADVOCATES, INC., Lewisburg, West Virginia, for Appellees. ON BRIEF: Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, David J. Kaplan , Environment & Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; James Curtin , Stefania Shamet , UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Washington, D.C., for Appellants. Patrick Parenteau , Jill Witkowski Heaps , Rachel L.B. Stevens , Environmental and Natural Resources Law Clinic, VERMONT LAW SCHOOL, South Royalton, Vermont; Todd D. Ommen , Pace Environmental Litigation Clinic, ELISABETH HAUB SCHOOL OF LAW, White Plains, New York, for Amici National Wildlife Federation, Waterkeeper Alliance, Incorporated, and Riverkeeper, Inc. Joel C. Beauvais , Claudia M. O'Brien , Stijn Van Osch , LATHAM & WATKINS LLP, Washington, D.C., for Amici National Association of Clean Water Agencies, National Cattlemen's Beef Association, and National Mining Association. Douglas Crouse , Robert G. McLusky , JACKSON KELLY, PLLC, Charleston, West Virginia, for Amicus West Virginia Coal Association.
Reversed by published opinion. Judge Motz wrote the opinion, in which Judge Niemeyer and Judge Floyd joined.
DIANA GRIBBON MOTZ, Circuit Judge:
Several environmental groups brought this action against the Environmental Protection Agency. They allege that EPA failed to perform its nondiscretionary duty under the Clean Water Act to promulgate pollutant limits for biologically impaired waters in West Virginia. The district court concluded that Plaintiffs...
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