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AMERICAN WATERWAYS OPERATORS v. WHEELER

Case No. 18-cv-02933 (APM).

507 F.Supp.3d 47 (2020)

AMERICAN WATERWAYS OPERATORS, Plaintiff, v. Andrew WHEELER, Administrator of the United States Environmental Protection Agency, and United States Environmental Protection Agency, Defendants, and Washington Environmental Council, Puget Soundkeeper, Friends of the Earth, and Washington State Department of Ecology, Intervenor-Defendants.

United States District Court, District of Columbia.

Signed November 30, 2020.

Attorney(s) appearing for the Case

Theodore Lawrence Kornobis , Barry M. Hartman , K & L Gates LLP, Washington, DC, for Plaintiff.

Sue Chen , U.S. Department of Justice, Washington, DC, for Defendants.

Kristen L. Boyles , Pro Hac Vice, Jan Hasselman , Pro Hac Vice, Paulo Palugod , Pro Hac Vice, Earthjustice, Seattle, WA, for Intervenor-Defendants.

Ronald L. LaVigne , Office of the Attorney General, Olympia, WA, for Intervenor-Defendant.

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

On January 19, 2017, the Environmental Protection Agency ("EPA"), acting pursuant to Section 312(f)(3) of the Clean Water Act, authorized the State of Washington to

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