Legal Opinion

Our Children's Earth Foundation v. United States Environmental Protection Agency

Court of Appeals for the Ninth Circuit

Decided October 29, 2007No. 05-16214PublishedCited by 2 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge:

In 1972 Congress passed the Clean Water Act (“CWA” or “the Act”) “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” See Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act of 1972), Pub.L. No. 92-500, 86 Stat. 816 (1972), codified at 33 U.S.C. § 1251(a). Central to that legislation and later amendments is the notion that pollution discharges would be controlled through technology-based effluent limitations.

Environmental advocates, Our Children’s Earth Foundation and Ecological Rights Foundation…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  4. Norton v. Southern Utah Wilderness AllianceSupreme Court of the United States · 2004
  5. Reiter v. Sonotone Corp.Supreme Court of the United States · 1979

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3Cited by2 opinions

  1. Our Children's Earth Foundation v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2008
  2. Our Children v. EpaCourt of Appeals for the Ninth Circuit · 2008

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