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COLUMBIA RIVERKEEPER v. WHEELER

No. 18-35982.

944 F.3d 1204 (2019)

COLUMBIA RIVERKEEPER; Idaho Rivers United; Snake River Waterkeeper, Inc.; Pacific Coast Federation of Fishermen's Associations; The Institute for Fisheries Resources, Plaintiffs-Appellees, v. Andrew WHEELER, in his official capacity as Administrator of the U.S. Environmental Protection Agency; U.S. Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2019.

Attorney(s) appearing for the Case

Jonathan Brightbill (argued) and Eric Grant , Deputy Assistant Attorneys General; Jeffrey Bossert Clark , Assistant Attorney General; Chloe H. Kolman and David Gunter , Trial Attorneys; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants.

Bryan Hurlbutt (argued) and Laurence ("Laird") J. Lucas , Advocates for the West, Boise, Idaho, for Plaintiffs-Appellees.

Before: Michael Daly Hawkins, M. Margaret McKeown, and Jay S. Bybee, Circuit Judges.

OPINION

The Columbia and Snake Rivers in Washington and Oregon are home to multiple species of salmon and steelhead trout. These fish are particularly vulnerable to warm water temperatures. This dispute arose when Columbia Riverkeeper and other environmental organizations filed a citizen suit under the Clean Water...

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