United States Ninth Circuit

Petition for review of the EPA's issuance of a National Pollution Discharge Elimination System (NPDES) permit to a copper mining company, allowing mining-related discharges of copper into an Arizona waterbody already in excess of water quality standards for copper, is granted as the issuance of the NPDES permit was based on errors of law under the Clean Water Act, 40 C.F.R. section 122.4(i), and the National Environmental Policy Act (NEPA).

Appellate Information

• Argued 11/13/2006
• Decided 10/04/2007
• Published 10/04/2007

Judges

• HUG, Circuit Judge:, Before:  PROCTER HUG, JR., A. WALLACE TASHIMA, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Roger Flynn, Western Mining Action Project, Lyons, CO, for the petitioners., Amy R. Porter, Lewis and Roca LLP, Phoenix, AZ, for the intervenor.


• For Appellees:
  
• D. Judith Keith, United States Department of Justice, Environmental Defense Section, Washington, DC;  John S. Most, United States Department of Justice, Natural Resources Section, Washington, DC, for the respondents.