Opinion
No. 06-549.
January 5, 2007.
Certiorari Granted
C.A. 9th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. In addition to the questions presented by the petitions, the parties are requested to brief and argue the following questions: "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 § 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 § 7(a)(2)."