Penobscot Nation v. Georgia-Pacific Corp.
Court of Appeals for the First Circuit
1Opinion of the Court
BOUDIN, Chief Judge.
The appellants in this case, the Penob-scot Nation and the Passamaquoddy Tribe (“the Tribes”), occupy tribal lands in Maine. The corporate appellees — Georgia-Pacific Corp., Great Northern Paper, Inc., and Champion International Corp. (“the companies”)- — operate pulp and paper mills that discharge waste water in rivers near or flowing through the Tribes’ reservations. A dispute developed between the Tribes and the State of Maine as to the regulation of waste water discharge under the Clean Water Act, 33 U.S.C. §§ 1342(b), 1377 (1994).
Concerned that the Tribes would seek…
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