Our Children v. Epa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

OUR CHILDREN’S EARTH 

FOUNDATION, and ECOLOGICAL

RIGHTS FOUNDATION; ECOLOGICAL

RIGHTS FOUNDATION,

Plaintiffs-Appellants, v.

UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY; MICHAEL O. No. 05-16214 LEAVITT, Administrator of EPA; D.C. No.

STEVEN L. JOHNSON,

Defendants-Appellees,  CV-04-02132-PJH

ORDER AND

ASSOCIATION OF METROPOLITAN OPINION

SEWERAGE AGENCIES; EFFLUENT

GUIDELINES INDUSTRY COALITION;

THE UTILITY WATER ACT GROUP

(UWAG); NATIONAL

ASSOCIATION OF CLEAN WATER

AGENCIES (NACWA),

Defendant-Intervenors- Appellees.  Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Argued and Submitted February 13, 2007—San Francisco, California

Filed May 23, 2008

Before: J. Clifford Wallace, Dorothy W. Nelson, and M. Margaret McKeown, Circuit Judges.

5983 5984 OUR CHILDREN’S EARTH v. EPA Opinion by Judge McKeown 5986 OUR CHILDREN’S EARTH v. EPA

COUNSEL

Christopher Sproul, Environmental Advocates, San Francisco, California, for the…