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Northwest Envtl. Advocates v. Portland, City of

ELR Citation: 26 ELR 20707
Nos. No. 92-35044, 74 F.3d 945/42 ERC 1286/(9th Cir., 01/24/1996) reh'g denied

The court denies a petition for rehearing en banc of the court's decision in Northwest Environmental Advocates v. City of Portland, 25 ELR 21250 (1995). In that decision, the court held that Federal Water Pollution Control Act (FWPCA) citizen suits may be brought to enforce state water quality standards in a national pollutant discharge elimination system permit. Four dissenting judges would grant the petition because they believe that the prior Northwest decision conflicts with the FWPCA's plain language and with prior decisions of this court and other circuit courts. They also believe that the U.S. Supreme Court's decision in PUD No. 1 of Jefferson County v. Washington Department of Ecology, 24 ELR 20945 (1994), does not support the challenged decision.

[Prior decisions in this litigation are published at 22 ELR 21347, 24 ELR 20238, and 25 ELR 21250.]

Counsel for Plaintiffs
Patrick Parenteau
Perkins Coie
U.S. Bancorp Tower
111 SW 5th Ave., Ste. 2500, Portland OR 97204
(503) 727-2000

Counsel for Defendants
Terrence Thatcher
City Attorney's Office
1220 SW 5th Ave., Rm. 315, Portland OR 97204
(503) 823-4047

Before Pregerson, Kleinfeld, and Ingram,* JJ.