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CONSERVATION LAW FOUNDATION, INC. v. JACKSON

C.A. No. 11-11657-MLW.

964 F.Supp.2d 152 (2013)

CONSERVATION LAW FOUNDATION, INC., et al., Plaintiffs, v. Lisa P. JACKSON, et al., Defendants.

United States District Court, D. Massachusetts.

August 23, 2013.

Attorney(s) appearing for the Case

Anthony Nicholas Lappin Iarrapino , Conservation Law Foundation, Inc., Montpelier, VT, Cynthia Liebman DeCambre , Conservation Law Foundation, Inc., Boston, MA, Christopher M. Kilian , Conservation Law Foundation, Montpelier, VT, Korrin N. Petersen , The Coalition for Buzzards Bay, New Bedford, MA, Mark A. Chertok , Sive, Paget & Riesel, New York, NY, for Plaintiff.

Perry M. Rosen , U.S. Department of Justice, Washington, DC, for Plaintiff/Defendant.

Anton P. Giedt , United States Attorney's Office, Boston, MA, David S. Gualtieri , Department of Justice, Environment & Natural Resources Div., Washington, DC, for Defendant.

Luke Hoffman Legere McGregor & Associates, P.C. Boston, MA for Intervenor.

MEMORANDUM AND ORDER CONCERNING COUNT IV

WOLF, District Judge.

I. INTRODUCTION

Plaintiffs Conservation Law Foundation ("CLF") and Buzzards Bay Coalition, Inc. ("BBC") assert in their First Amended Complaint (the "FAC") four claims under § 208 Clean Water Act (the "CWA"), 33 U.S.C. § 1288, and the Administrative Procedure Act (the "APA"), 5 U.S.C. § 706(2). In general, plaintiffs allege that the Environmental Protection Agency...

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