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American Wildlands v. Browner

260 F.3d 1192 (2001)

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American Wildlands v. Browner

United States Court of Appeals for the Tenth Circuit
260 F.3d 1192 (2001)

Facts

American Wildlands (plaintiff) challenged Browner’s (EPA) (defendant) approval of certain Montana water quality standards pursuant to the Clean Water Act. The Montana legislature exempted certain nonpoint sources of pollution from antidegradation review. Montana also issued policies and procedures for mixing zones. Its rules provided that if degradation to a body of water at the edge of a mixing zone is not significant, an antidegradation review of the mixed zone is not required. American Wildlands filed suit alleging that the EPA failed to take timely action to approve Montana’s new and revised water quality standards issued under Section 303(c) of the act and that the EPA failed to promptly prepare and promulgate replacement standards for those Montana standards that failed to meet the requirements of the act. The district court held in favor of the EPA. The district court approved each of the EPA’s actions. American Wildlands appealed.

Rule of Law

Issue

Holding and Reasoning (Tacha, C.J.)

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