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CENTER FOR BIOLOGICAL DIVERSITY v. U.S. E.P.A.

No. 18-60102.

937 F.3d 533 (2019)

CENTER FOR BIOLOGICAL DIVERSITY; Gulf Restoration Network; Louisiana Bucket Brigade, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, in his official capacity as Administrator of the United States Environmental Protection Agency; Anne Idsal, Region 6 Administrator, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED August 30, 2019.

Attorney(s) appearing for the Case

Kristen Monsell , Cari Miyoko Sakashita, Esq. , Center for Biological Diversity, Suite 800, 1212 Broadway, Oakland, CA 94612, for Petitioners.

Samara Michelle Spence , Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division, 601 D Street, N.W,. Washington, DC 20004-0000, David Aiken Carson, Esq. , Senior Counsel, U.S. Department of Justice, Environmental Defense Section, Suite 370, 999 18th Street, South Terrace, Denver, CO 80202, for Respondents.

Before JONES, HO, and OLDHAM, Circuit Judges.

Petitioners claim a recent EPA permit will lead to increased pollution in the Gulf of Mexico. But Petitioners lack standing, so we lack jurisdiction. The petition for review is dismissed.

I.

The Clean Water Act ("CWA") prohibits the "discharge [of] any pollutant from any point source without [a...

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