Environmental Defense Center, Inc., Petitioner,
Natural Resources Defense Council, Inc., Petitioner-Intervenor,
v.
UNITED STATES Environmental Protection Agency, Respondent.
American Forest & Paper Association; National Association of Home Builders, Petitioners,
v.
UNITED STATES Environmental Protection Agency, Respondent,
Natural Resources Defense Council, Inc., Applicant-Intervenor.
Texas Cities Coalition On Stormwater; Texas Counties Storm Water Coalition, Petitioners,
v.
UNITED STATES Environmental Protection Agency, Respondent,
Natural Resources Defense Council, Inc., Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 3, 2001.
Filed September 15, 2003.
Attorney(s) appearing for the Case
Victoria Clark, Environmental Defense Center, Santa Barbara, California, for petitioner Environmental Defense Center, Inc.
Andrew G. Frank and Arlene Yang, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York, and Nancy K. Stoner, Natural Resources Defense Council, Washington, D.C., for intervenor National Resources Defense Council, Inc.
R. Timothy McCrum, Ellen B. Steen, and Donald J. Kochan, Crowell & Moring, Washington, D.C., for petitioners American Forest & Paper Association and National Association of Home Builders.
Steven P. Quarles and J. Michael Klise, Crowell & Moring, Washington, D.C., and William R. Murray, American Forest & Paper Association, Washington, D.C., for petitioner American Forest & Paper Association.
Jim Mathews and Clarence Joe Freeland, Mathews & Freeland, Austin, Texas, for petitioner Texas Cities Coalition on Stormwater.
Sydney W. Falk, Jr. and William D. Dugat III, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, Texas, for petitioner Texas Counties Storm Water Coalition.
John C. Cruden, Daniel M. Flores and Kent E. Hanson, United States Department of Justice, Washington, D.C., and Stephen J. Sweeny, United States Environmental Protection Agency, Washington, D.C., for respondent United States Environmental Protection Agency.
Before: James R. Browning, Stephen Reinhardt, and Richard C. Tallman, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted December 3, 2001 — Pasadena, California.
Opinion by Judge Browning; Partial Concurrence and Partial Dissent by Judge Tallman.
ORDER AND OPINION
ORDER
The opinion and dissent filed in this case on January 14, 2003, and published at 319 F.3d 398 are vacated. They are replaced by the Opinion and Dissent filed today.
With the filing of the new Opinion and Dissent, the panel...
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