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United States Ninth Circuit


CITY OF SAN DIEGO v. WHITMAN, 00-56561

EPA letter to city stating that city should reapply for renewed permit to discharge sewage into ocean under the Ocean Pollution Reduction Act, 33 USC 1311, is not a "final agency action" because the city can still appeal to the Environmental Appeals Board.

Appellate Information

  • Argued 02/08/2001
  • Decided 03/13/2001
  • Published 03/13/2001

Judges

  • DAVID R. THOMPSON, Circuit Judge:, Before:  PREGERSON, CANBY, and THOMPSON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Martin F. McDermott, United States Department of Justice, Washington, D.C., for the defendants-appellants., John R. Reese, McCutchen, Doyle, Brown & Enersen, Los Angeles, California, for the plaintiff-appellee.
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