Saturday, June 10, 2006

9th Circuit Clashes Over Application of ESA to Approval of Arizona's NPDES Program

The 9th Circuit denied rehearing en banc yesterday in Defenders of Wildlife, a case in which the 9th Circuit panel had concluded that EPA must conduct section 7 consultation regarding approval of Arizona's NPDES program.  The order contains a fascinating clash of Berzon (who authored the panel opinion) against Kozinski and Kleinfeld (who author damning dissents to the denial of rehearing en banc.  DOW.pdf  HT Ross Runkel

http://lawprofessors.typepad.com/environmental_law/2006/06/9th_circuit_cla.html

Biodiversity, Cases, Environmental Assessment, Governance/Management, US, Water Quality | Permalink

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