Barnum Timber Co. v. United States Environmental Protection Agency

Opinion by Judge BYBEE; Dissent by Judge GWIN.

OPINION

BYBEE, Circuit Judge:

Plaintiff-Appellant Barnum Timber Company (“Barnum”) owns and operates nonindustrial timberlands and rangelands in Northern California, including land in the Redwood Creek watershed. It appeals the district court’s dismissal of its action against the DefendanU-Appellees, the U.S. Environmental Protection Agency (“EPA”). Barnum brought suit in district court under the Administrative Procedure Act (“APA”) to challenge EPA’s decision to retain the Redwood Creek as an impaired water body under § 303(d) of the Clean Water…