Legal Opinion
Defenders of Wildlife v. United States Environmental Protection Agency
Court of Appeals for the Ninth Circuit
Decided August 22, 2005No. 03-71439, 03-72894PublishedCited by 4 opinions
1Opinion of the Court
BERZON, Circuit Judge:
Under federal law, a state may take over the Clean Water Act pollution permitting program in its state from the federal Environmental Protection Agency (EPA) if it applies to do so and meets the applicable *950standards. This case concerns Arizona’s application to run the Clean Water Act pollution permitting program in Arizona. When deciding whether to transfer permitting authority, the Fish and Wildlife Service (FWS) issued, and the EPA relied on, a Biological Opinion premised on the proposition that the EPA lacked the authority to take into account the impact of that…
2Cases cited38 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Allen v. WrightSupreme Court of the United States · 1984
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
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3Cited by4 opinions
- Defenders of Wildlife Center for Biological Diversity Craig Miller v. United States Environmental Protection Agency, National Association of Home Builders State of Arizona Arizona Chamber of Commerce, Intervenors. Defenders of Wildlife Center for Biological Diversity, Plaintiffs-Petitioners v. Robert B. Flowers, Chief of Engineers and Commander, U.S. Army Corps of Engineers., Defendant-Respondent, Christine Todd Whitman, Administrator U.S. Environmental Protection Agency, Defendant-Respondent, Gale Norton Steven Williams, Defendants-Respondents, Continental Reserve Ii, Llc, Defendant-Intervenor/intervenor, Hb Land Development Company Stephen A. Owens, State of Arizona, Ex-Rel, Director Arizona Department of Environmental Quality Grosvenor Holdings National Association of Home Builders Home Builders Association of Central Arizona Southern Arizona Home Builders Association Saguaro Ranch Investments LLC Saguaro Ranch Development Corporation, Defendant-Intervenors/intervenorsCourt of Appeals for the Ninth Circuit · 2005
- Natural Resources Defense Council, Inc. v. Federal Housing Finance AgencyDistrict Court, S.D. New York · 2011
- Northwest Environmental Defense Center v. Owens Corning Corp.District Court, D. Oregon · 2006
- Defenders of Wildlife Center for Biological Diversity Craig Miller v. United States Environmental Protection Agency, National Association of Home Builders State of Arizona Arizona Chamber of Commerce, Intervenors. Defenders of Wildlife Center for Biological Diversity Craig Miller v. United States Environmental Protection Agency Robert B. FlowersCourt of Appeals for the Ninth Circuit · 2006