Food & Water Watch, Inc. v. Usepa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FOOD & WATER WATCH; SNAKE No. 20-71554

RIVER WATERKEEPER, INC.,

Petitioners, Environmental Protection Agency v.

U.S. ENVIRONMENTAL ORDER AND

PROTECTION AGENCY, OPINION

Respondent.

On Petition for Review of an Order of the Environmental Protection Agency

Argued and Submitted May 6, 2021 Portland, Oregon

Filed December 16, 2021

Before: William A. Fletcher and Michelle T. Friedland, Circuit Judges, and Frederic Block,* District Judge.

Order; Opinion by Judge W. Fletcher

* The Honorable Frederic Block, United States District Judge for the Eastern District of New York, sitting by designation. FOOD & WATER WATCH V. USEPA

SUMMARY**

Clean Water Act

The panel granted a petition for panel rehearing, withdrew the opinion filed September 16, 2021, and replaced it with a superseding opinion that granted a petition for review brought by environmental organizations challenging a National Pollutant Discharge Elimination System (“NPDES”) Permit issued by the Environmental Protection Agency (“EPA”)…