BLACK WARRIOR RIVERKEEPER, INC., Defenders of Wildlife, Plaintiffs-Appellants,
v.
U.S. ARMY CORPS OF ENGINEERS, Lt General Thomas P. Bostick, U.S. Army Corps of Engineers, Col. Jon Chytka, U.S. Army Corps of Engineers, Mobile District, Defendants-Appellees.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
Date Filed: August 12, 2016.
Date Filed: August 12, 2016.
Attorney(s) appearing for the Case
James M. Hecker , Public Justice, PC, Washington, DC, Catherine Wannamaker , Southern Environmental Law Center, Atlanta, GA, Eva Lovelace Dillard , Black Warrior Riverkeeper, Inc., Birmingham, AL, for Plaintiff-Appellant Black Warrior Riverkeeper, Inc.
Michael Thomas Gray , U.S. Department of Justice c/o U.S. Army Corps of Engineers, Jacksonville, FL, Paul Cirino , Leslie M. Hill , U.S. Department of Justice, Ruth Ann Storey , USDOJ Environmental & Natural Resources Division, Washington, DC, for Defendants-Appellees.
Before TJOFLAT and MARCUS, Circuit Judges, and STEELE, District Judge.
MARCUS, Circuit Judge:
In this appeal, we consider — for the second time — whether the United States Army Corps of Engineers' ("Corps") 2012 decision to reissue Nationwide Permit 21 ("NWP 21"), a general permit regulating discharge of dredged or fill materials into navigable waters by surface coal mining operations, was arbitrary and...
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