United States Sixth Circuit

A petition for review of a final rule promulgated by the EPA under the Federal Water Pollution Control Act or Clean Water Act (CWA) amending existing effluent limitations guidelines involving coal mining is denied where the EPA did not violate Chevron or act arbitrarily or capriciously in promulgating the rule.

Appellate Information

• Decided 05/15/2006
• Published 05/15/2006

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, SUHRHEINRICH, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. FitzGerald, Kentucky Resources Council, Inc., Frankfort, Kentucky, for Petitioners.  David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.   ON BRIEF:  Thomas J. FitzGerald, Kentucky Resources Council, Inc., Frankfort, Kentucky, for Petitioners.  David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.  Dennis A. Whitaker, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Harrisburg, Pennsylvania, for Amicus Curiae.