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United States First Circuit

State of Maine v. Johnson, 04-1363, 04-1375

In a dispute among two Indian tribes, the EPA, and the state of Maine involving the state's application under the Clean Water Act to take over discharge permitting in Maine, an EPA order partially ceding such authority to the state is affirmed insofar as it cedes permitting authority over the nineteen disputed sites not in Indian territory. However, the order is vacated with regards to two disputed Indian-owned sites as the EPA erred in finding that, because two discharge source points have insignificant consequences for non-members of tribes, they are exempt from state regulation.

Appellate Information

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


  • BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and STAFFORD, Senior District Judge.


  • United States First Circuit


  • For Appellant:
  • Kaighn Smith, Jr. with whom Peter C. Felmlyi and Drummond Woodsum & MacMahon were on brief for Penobscot Nation, et al., Mary Martha Born, Frank R. Lawrence, Zehava Zevit and Holland & Knight LLP on brief for National Congress of American Indians, Mohegan Tribe of Connecticut, San Manuel Band of Serrano Indians of California, Mashantucket Pequot Tribe of Connecticut and Eastern Band of Cherokee Indians of North Carolina, Amici Curiae., Douglas J. Luckerman and David Kaplan on brief for Houlton Band of Maliseet Indians, Amicus Curiae., Paul Stern, Deputy Attorney General, with whom G. Steven Rowe, Attorney General, and Gerald Reid, Assistant Attorney General, Office of the Attorney General, were on brief for State of Maine, et al., Catherine R. Connors with whom Matthew D. Manahan and Pierce Atwood LLP were on brief for intervenors Town of Brownville, et al.

  • For Appellees:
  • Stephen E. Crowley, Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, with whom Sue Ellen Wooldridge, Assistant Attorney General, John C. Cruden, Deputy Assistant Attorney General, James Havard and Tod Siegal, Environmental Protection Agency, Office of General Counsel, and Timothy Williamson, Office of Regional Counsel, Environmental Protection Agency, Region I, were on brief for respondents.
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