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ARKANSAS WILDLIFE v. U.S. ARMY CORPS

No. 04-3546.

431 F.3d 1096 (2005)

ARKANSAS WILDLIFE FEDERATION, an Arkansas Not-For-Profit Corporation; The National Wildlife Federation, a District of Columbia Not-For-Profit Corporation; Arkansas Nature Alliance, an Arkansas Not-For-Profit Corporation; The Hampton Landing Property Owners' Association, an Arkansas Not-For-Profit Corporation; The White River Conservancy, an Unincorporated Association; The Augusta Improvement Club, an Arkansas Not-For-Profit Corporation; Kenneth L. Rose; E.W. Ray; Charles Bowerman; Tommy M. Castleberry, Sr.; Greg Rawn; Oliver M. Eichelmann; Everett G. Oates; David Carruth, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Jack Scherer, Colonel, District Engineer, Memphis District, U.S. Army Corps of Engineers; Don T. Riley, Brig. General, President, Mississippi River Commission, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 20, 2005.

Attorney(s) appearing for the Case

Richard H. Mays, argued, Little Rock, AR, for appellant.

Ellen J. Durkee, argued, Dept. of Justice, Washington, D.C. (Devon M. Lehman and Katherine Barton of the Dept. of Justice, Washington, D.C., on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellants brought this case against the United States Army Corps of Engineers alleging that the Corps had violated the National Environmental Policy Act (the Act) in connection with its Grand Prairie Area Demonstration Project (the Project) in East Central Arkansas and seeking declaratory and injunctive relief. Both sides moved for summary judgment, and the district court1 granted judgment to the Corps. Appellants...

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