With no explanation, chose the best option from "A", "B", "C" or "D". whether Flambeau's mining permit is a WPDES permit or determine whether the EPA approved NR § 216.41(4)(a). 21 .We note that in its briefing at summary judgment to the district court and to this court on appeal, ‘ Flambeau did not use the phrase "due process." However, its arguments concerning notice and fundamental fairness clearly raise the issue of due process. 22 . See, e.g., Citizens for a Better Env’t-Cal. v. Union Oil Co., 83 F.3d 1111, 1120 (9th Cir.1996) (refusing to apply the CWA’s permit shield where ”[i]t is not disputed that these regulations [governing modifications of NPDES programs] were not followed” and so the defendant’s permit clearly was insufficient); Oregon State Pub. Interest Research Grp., Inc. v. Pac. Coast Seafoods Co., 361 F.Supp.2d 1232, 1243 (D.Or.2005) (<HOLDING>). 23 . See Appellees' Br.

A: holding that a state permit did not trigger the cwas permit shield where nothing in the federal or state statutes provides that a stateissued sco is the equivalent of an npdes permit 
B: holding that it was error to permit the name of a nonparty intentional tortfeasors name to appear on the verdict form so as to permit the jury to apportion fault between the nonparty and the negligent tortfeasor
C: holding that it would be inequitable to allow a town to deny a permit based on a new ordinance after the property owner was denied a permit three times and brought suit to determine the validity of the prior ordinance
D: holding that requiring a permit and the restoration of the land after the mining operations had concluded did not preempt federal law however the court did recognize that where a state regulation rendered it impossible to exercise a right granted through federal legislation that state regulation would be in conflict with the federal right
A.