Elisabeth Carter (argued), Attorney; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice; Washington, D.C.; Peter Z. Ford , Pooja Parikh , and Marcela Von Vacano , Attorneys; United States Environmental Protection Agency; Washington, D.C.; for Respondent.
David Chung and Elizabeth B. Dawson , Crowell & Moring LLP, Washington, D.C.; Hilary Meltzer , Assistant Corporation Counsel; Georgia M. Pestana , Corporation Counsel of the City of New York; New York City Law Department; New York, New York; Roberta L. Larson , Somach Simmons & Dunn, Sacramento, California; for Amici Curiae National Association of Clean Water Agencies, California Association of Sanitation Agencies, Louisville/Jefferson County Metropolitan Sewer District, and City of New York.
James N. Saul , Earthrise Law Center at Lewis & Clark Law School, Portland, Oregon, for Amici Curiae Law Professors.
Opinion by Judge W. Fletcher; Dissent by Judge Collins.
OPINION
W. FLETCHER, Circuit Judge:
The City and County of San Francisco ("San Francisco") petitions for review of a final order of the U.S. Environmental Protection Agency ("EPA") denying review of San Francisco's federal National Pollutant Discharge Elimination System ("NPDES") permit for its Oceanside combined sewer system and wastewater...
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