United States DC Circuit

Under section 509(b)(1) of the Clean Water Act, the "resides or transacts business" requirement is a venue requirement and not a jurisdictional one.

Appellate Information

• Argued 11/07/2000
• Decided 01/30/2001
• Published 01/30/2001

Judges

• Before:  WILLIAMS and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Raymond B. Ludwiszewski argued the cause for Industry Petitioners Boise Cascade Corporation, et al.   With him on the briefs were Peter E. Seley and Scott H. Segal.  Gene E. Godley entered an appearance., Neil S. Kagan argued the cause and filed the brief for petitioners National Wildlife Federation, et al.


• For Appellees:
  
• Jon M. Lipshultz, Attorney, U.S. Department of Justice, argued the cause for respondents. Lois J. Schiffer, Assistant Attorney General, Karen L. Egbert, Attorney, and Carol Ann Siciliano, Attorney, Environmental Protection Agency, were on the brief.  Seth M. Barsky, Attorney, U.S. Department of Justice, entered an appearance.