United States Court of Appeals For the First Circuit No. 04-1363 STATE OF MAINE, Petitioner, v. STEPHEN L. JOHNSON, Administrator, United States Environmental Protection Agency, Respondent. __________ PENOBSCOT NATION, ET AL., Respondents, Intervenors.

____________________ No. 04-1375 PENOBSCOT NATION, ET AL., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. __________ STATE OF MAINE, ET AL., Intervenors.

ERRATA The opinion of this Court, issued on August 8, 2007, should be amended as follows: On page 10, line 6 of 2nd paragraph, ", ©);" should be replaced with ", (c);".

On page 15, line 4 of 2nd paragraph, delete period after "(1st Cir. 1999)" and insert ", cert. denied, 527 U.S. 1022 (1999).".