Sierra Club v. Whitman

268 F.3d 898 (9th Cir. 2001) SIERRA CLUB, GRAND CANYON CHAPTER; TERESA LEAL, AN INDIVIDUAL, PLAINTIFFS-APPELLANTS, v. CHRISTIE TODD WHITMAN, * IN HER OFFICIAL CAPACITY AS ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; FELICIA MARCUS, IN HER OFFICIAL CAPACITY AS REGIONAL ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX; U.S. ENVIRONMENTAL PROTECTION AGENCY; THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX; JOHN BERNAL, IN HIS OFFICIAL CAPACITY AS COMMISSIONER, U.S. SECTION OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION; THE U.S. SECTION OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION; CESAR RIOS, IN HIS OFFICIAL CAPACITY AS MAYOR, CITY OF NOGALES, ARIZONA; CITY OF NOGALES, ARIZONA, DEFENDANTS-APPELLEES. No. 00-16895 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted July 9, 2001 Filed October 2, 2001 Vera S. Kornylak, Arizona Center for Law in the Public interest, Tucson, Arizona, for the plaintiffs-appellants. Ellen J. Durkee, Environment & Natural Resources Division, U.S. Departmentof Justice, Washington, D.C., for the defendants-appellees. Appeal from the United States District Court…