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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
June 10, 2006 in Biodiversity, Cases, Environmental Assessment, Governance/Management, US, Water Quality | Permalink
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