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DEFENDERS OF WILDLIFE v. BROWNER

No. CIV 93-234 TUC ACM.

888 F.Supp. 1005 (1995)

DEFENDERS OF WILDLIFE, George Marsik, Jerry Van Gasse, and James A. Slingluff, Plaintiffs, v. Carol BROWNER, Administrator, United States Environmental Protection Agency; Felicia Marcus, Regional Administrator, EPA Region IX; and United States Environmental Protection Agency, Defendants.

United States District Court, D. Arizona.

April 27, 1995.

Attorney(s) appearing for the Case

David S. Baron, Tucson, AZ, for plaintiffs.

Karen Egbert, Washington, DC, for defendants.

ORDER

MARQUEZ, Senior District Judge.

Plaintiffs, Defenders of Wildlife et al. (Defenders et al.), filed this action under the citizen's suit provision1 of the Clean Water Act (CWA), Section 505(a)(2), 33 U.S.C. 1365(a)(2), which reads in pertinent part:

(a) Authorization; jurisdiction Except as provided in subsection (b) of this section [regarding 60 day notice requirement] and section 1319(g...

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