|
j��'I
<br /> 18 ERC 1106 .tiatzonal Wild.,y, -ederation v. Gorsuch
<br /> Federal, state, and local regulation — Gorsuch, Administrator, Environmental
<br /> Judicial review — In general Protection Agency, appellant in 82-1354
<br /> (§28.6811) and cross-appellee in 82-1335, 82-133 7,
<br /> � . [2] Determination by Environmental 82-1351, 82-1352, 82-1353 and 82-1363.
<br /> i Protection Agency that dam-caused pol- Jeffrey H. Howard, with whom James
<br /> lution was not addition of pollutant from B. Vasile, Robert L. McCarty, Kenneth A.
<br /> point source under Section 502(12) of Rubin and Sam Kazman were on the brief
<br /> l Clean Water Act and that low dissolved for Colorado Water Agencies, et al.,
<br /> oxygen, cold, and supersaturation are not appellants in 82-1337, 82-1351 and 82-
<br /> r included in definition of term pollutant 1353, and cross-appellees in 82-1335, 82-
<br /> ' ' under Section 502(6) of Act was reason- 1352, 82-1353, 82-1354 and 82-1363.
<br /> [' able, because EPA interpretation is not Thomas G. Nelson and James C. Tucker
<br /> inconsistent with language or legislative also entered appearances for National
<br /> purposes and history of Act.
<br /> Water Resources Association, appellant
<br /> Federal, state, and local regulation — in 82-1353.
<br /> Statutory construction — In general Gerry Levenberg, with whom R. Keith
<br /> (§28.051)
<br /> Guthrie was on the brief for Northwest
<br /> Federal, state, and local regulation — Utilities Group, appellants in 82-1335
<br /> Navigable waters (§28.35) and 82-1352, and cross-appellees in 82-
<br /> Federal, state, and local regulation — 1337, 82-1351, 82-1352 and 82-1354.
<br /> t Judicial review — In general
<br /> (§28.6811) Turner T. Smith, Jr. and William B.
<br /> (3] Determination by Environmental Ellis were on the brief for Alabama Power
<br /> Protection Agency that dam-caused pol- Company, et al., appellees in 82-1335,
<br /> { j lution was not addition of pollutant from 82-1337, 82-1351, 82-1352, 82-1353 and
<br /> i point source under Section 502(12) of 82-1354.
<br /> Clean Water Act and that low dissolved David G. Burwell, with whom Patrick A.
<br /> oxygen, cold, and supersaturation are not Parenteau was on the brief for National
<br /> included in definition of term "pollutant" Wildlife Federation, et al., appellees in
<br /> i under Section 502(6) of Act was reason- 82-1335, 82-1337, 82-1351, 82-1352, 82-
<br /> j able, because EPA interpretation does 1353, 82-1354 and 82-1363. Dan Sum-
<br /> not plainly frustrate general congression- mers also entered an appearance for
<br /> al purposes underlying Act. State of Missouri, appellees in 82-1335
<br /> STATUTES and 82-1337.
<br /> Federal — Federal Water Pollution Carl Boronkay and Victor E. Gleason
<br /> Control Act — National Pollutant were on the brief for Metropolitan Water
<br /> Discharge Elimination System District of Southern California, Amici
<br /> (§95.0213) Curiae urging reversal in 82-1335, 82-
<br /> Construed. 1337, 82-1351, 82-1352, 82-1353, 82-
<br /> 1354 and 82-1363.
<br /> Roger J. Marzulla was on the brief for
<br /> Mountain States Legal Foundation, et al.,
<br /> ! Appeal from decision of U.S. District Amid Curiae urging reversal in 82-1335.
<br /> Court for District of Columbia (16 ERC R. Norman Cramer, Jr., also entered an
<br /> 2025) ordering EPA administrator . to appearance for Mountain States Legal
<br /> designate dams as point source category Foundation, et al.
<br /> under Section 402 of Clean Water Act; Frederick H. Ritts and Kirk Howard
<br /> reversed. Bd,_s were on the brief for American `
<br /> Peter R. Steenland, Jr., Attorney, De- P,,]-,,!- Power Association, Amici Curiae
<br /> i partment of Justice, with whom Robert urging reversal in 82-1335.
<br /> 4 M. Perry, General Counsel, Environmen-
<br /> tal Protection Agency, Fred R. Disheroon Zygmunt J.B. Plater was on the brief for
<br /> and Nancy B. Firestone, Attorneys, De- American Rivers Conservation Council,
<br /> partment of Justice, and Alan W. Eckert, et al., Amici Curiae urging affirmance in
<br /> Attorney, Environmental Protection 82-1335, 82-1337, 82-1351, 82-1352, 82-
<br /> Agency, were on the brief for Anne M. 1353, 82-1354 and 82-1363.
<br /> �I
<br />
|