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BELLE CO., L.L.C. v. U.S. ARMY CORPS OF ENGINEERS

No. 13-30262.

761 F.3d 383 (2014)

BELLE COMPANY, L.L.C.; Kent Recycling Services, L.L.C., Plaintiffs-Appellants v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 2014.

Attorney(s) appearing for the Case

Murphy J. Foster, III, Esq. (argued), John Baird King , Breazeale, Sachse & Wilson, L.L.P., Jeremy S. LaCombe, Esq. , LaCombe Law Firm, L.L.C. John Dale Powers , Powers, Sellers, Mixon & Chapoton, L.L.P., Baton Rouge, LA, for Plaintiffs-Appellants.

Robert Joel Lundman (argued), Aaron Peter Avila, Esq. , Christina L. Richmond , U.S. Department of Justice, Washington, DC, John Joseph Gaupp, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Baton Rouge, LA, for Defendant-Appellee.

Malcolm Reed Hopper, Esq. , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae.

Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Plaintiff-Appellant Belle Company, L.L.C. owns property in the Parish of Assumption. Plaintiff-Appellant Kent Recycling, L.L.C. has an option to purchase the property in the event that it can be used as a solid-waste landfill. In February 2012, Defendant-Appellee United States Army Corps of Engineers ("Corps") issued a jurisdictional determination ("JD") stating that the property contains wetlands that are subject to regulation under the...

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