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CAHABA RIVERKEEPER v. UNITED STATES EPA

No. 17-11972.

938 F.3d 1157 (2019)

CAHABA RIVERKEEPER, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.

United States Court of Appeals, Eleventh Circuit.

September 12, 2019.

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 Environment & Natural Res. Div. Correspondence Contr., Washington, DC, for Respondents.

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

Jason Brent Tompkins , Balch & Bingham, LLP, Birmingham, AL, for Amicus Curiae Manufacture Alabama.

Before ED CARNES, Chief Judge, BRANCH, Circuit Judge, and GAYLES, District Judge.

This case places us squarely into another debate of whether United States Environmental Protection Agency's (the "EPA")1 action (or inaction) was arbitrary, capricious, or otherwise not in accordance with law under the Administrative Procedure Act, 5...

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