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PRONSOLINO v. MARCUS

No. C 99-01828 WHA.

91 F.Supp.2d 1337 (2000)

Guido A. PRONSOLINO and Betty J. Pronsolino as Trustees for the Guido A. Pronsolino and Betty J. Pronsolino Trust, the Mendocino County Farm Bureau, the California Farm Bureau Federation, and the American Farm Bureau Federation, Plaintiffs, v. Felicia MARCUS, Regional Administrator, United States Environmental Protection Agency Region 9, Carol M. Browner, Administrator, United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants.

United States District Court, N.D. California.

March 30, 2000.

Attorney(s) appearing for the Case

Fredrick S. Levin, of Mayer, Brown & Platt, Los Angeles, CA, for plaintiffs.

S. Randall Humm, United States Department of Justice, Washington, DC, for EPA.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT REGARDING AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY UNDER THE CLEAN WATER ACT TO LIST SUBSTANDARD RIVERS AND WATERS AND TO ISSUE TMDLS FOR THEM

ALSUP, District Judge.

INTRODUCTION

In this case of first impression, the issue is whether Section 303(d) of the Federal Water Pollution Control Act Amendments of 1972, later renamed the Clean Water Act, authorized the Environmental Protection Agency to determine...

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