Environmental Protection Agency v. Defenders of Wildlife

549 U.S. 1105, 127 S. Ct. 853, 166 L. Ed. 2d 681, 75 U.S.L.W. 3349, 2007 U.S. LEXIS 12

Opinion

127 S.Ct. 853 (2007) 549 U.S. 1105

ENVIRONMENTAL PROTECTION AGENCY, petitioner,
v.
DEFENDERS OF WILDLIFE, et al.

No. 06-549.

Supreme Court of United States.

January 5, 2007.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. The case is consolidated and a total of one hour is allotted for oral argument. In addition to the questions presented by the petitions, the parties are requested to brief and argue the following question: "Whether the court of appeals correctly held that the Environmental Protection Agency's decision to transfer pollution permitting authority to Arizona under the Clean Water Act, see 33 U.S.C. § 1342(b), was arbitrary and capricious because it was based on inconsistent interpretations of Section 7(a)(2) of the Endangered Species Act of 1973, 16 U.S.C. § 1536(a)(2); and, if so, whether the court of appeals should have remanded to the Environmental Protection Agency for further proceedings without ruling on the interpretation of Section 7(a)(2)."