BLACK WARRIOR v. U.S. ARMY CORPS

No. 15-14745.

833 F.3d 1274 (2016)

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.

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.

James M. Hecker , Public Justice, PC, Michael Senatore , Defenders of Wildlife, Washington, DC, Catherine Wannamaker , Southern Environmental Law Center, Atlanta, GA, Eva Lovelace Dillard , Black Warrior Riverkeeper, Inc., Birmingham, AL, for Plaintiff-Appellant Defenders of Wildlife.

David R. Boyd , Montgomery, AL, Philip Stephen Gidiere, III , Joel Iverson Gilbert , Adam Kent Israel , Birmingham, AL, David Welles Mitchell , Washington, DC, Balch & Bingham, LLP, for Intervenors-Appellees Alabama Coal Association, MS & R Equipment Co., Inc., Reed Minerals, Inc., Twin Pines, LLC, and Walter Minerals, 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.


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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