United States Eleventh Circuit

In suit alleging defendant violated its oversight responsibility under section 303(d) of the Clean Water Act by approving Florida's list of impaired waters, summary judgment for defendant is reversed as to: 1) its approval of Florida's decision not to list waterbodies when the data showing that those waterbodies were impaired consisted solely of fish consumption advisories for mercury or data that was older than 7.5 years; and 2) Florida did not take into account statutory standards in setting priority ranking of waterbodies for total maximum daily load development.

Appellate Information

• Decided 06/08/2007
• Published 06/08/2007

Judges

• BOWMAN, Circuit Judge:, Before ANDERSON, BARKETT and BOWMAN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jennifer A. Murphy, Mid-Atlantic Environmental Law Ctr., Wilmington, DE, Eric E. Huber, Sierra Club, Boulder, CO, for Plaintiffs-Appellants., Gregory M. Munson, FL Dept. of Env. Prot., MS 35, Tallahassee, FL, for Intervenor.


• For Appellees:
  
• Allen M. Brabender, U.S. Dept. of Justice, ENRD, Robert H. Oakley, Washington, DC, Christine E. Lamia, FDEP, OGC, Tallahassee, FL, for Defendants-Appellees.