United States Tenth Circuit

Plaintiff's challenge to defendant-EPA's approval of New Mexico's water quality standards, as contrary to the federal Clean Water Act, is dismissed where defendant's decision was not arbitrary and capricious.

Appellate Information

• Decided 07/07/2005
• Published 07/07/2005

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McWILLIAMS, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alletta d'A. Belin, Belin & Sugarman, Santa Fe, NM, for Plaintiffs-Appellants.


• For Appellees:
  
• Lane M. McFadden, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C. (Thomas L. Sansonetti, Assistant Attorney General, Lois Godfrey Wye, and Robert S. Oakley, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C.;   and Cathy Winer, United States Environmental Protection Agency, Washington, D.C., with him on the briefs) for Defendant-Appellee.