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PRESERVE ENDANGERED AREAS v. U.S. ARMY CORPS

No. 96-8094.

87 F.3d 1242 (1996)

PRESERVE ENDANGERED AREAS OF COBB'S HISTORY, INC., Roger Peaster, Heidi Peaster, Johnny Plunkett, Bury Plunkett, John Mowell and Marie Mowell, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Togo D. West, Secretary of the Army, Wayne M. Boy, Colonel, District Engineer, Savannah District Corps of Engineers, Necholus Ogden, Chief, Regulatory Branch, Savannah District Corps of Engineers, United States Environmental Protection Agency, Carol M. Browner, Administrator, John H. Hankinson, Regional Administrator, and Cobb County, Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 11, 1996.

Attorney(s) appearing for the Case

Robert B. Remar, Susan Marie Garrett, Kirwan, Parks, Chesin & Remar, Atlanta, GA, for Appellants.

Fred D. Bentley, Jr., Bentley, Bentley & Bentley, Marietta, GA, for Cobb County Defendants.

L. Elinor Colbourn, U.S. Dept. of Justice, Appellate Section, Washington, DC, for U.S. Army Corps, et al.

Before CARNES, Circuit Judge, and FAY and GIBSON, Senior Circuit Judges.

FAY, Senior Circuit Judge:

The plaintiffs in this action challenged a proposed highway construction project in Cobb County, Georgia. They alleged violations of the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and the National Historic Preservation Act. In extremely well-reasoned orders, the District Court dismissed certain claims and granted the defendants summary judgment on all the remaining claims. We affirm.

I. BACKGROUND...

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