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FLORIDA WILDLIFE FED. v. U.S. ARMY CORPS OF ENG'RS

No. 14-13392.

859 F.3d 1306 (2017)

FLORIDA WILDLIFE FEDERATION INC., Environmental Confederation of Southwest Florida Inc., Conservancy of Southwest Florida Inc., Plaintiffs-Appellants Cross Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, South Florida Water Management District, Florida Department of Environmental Protection, Defendants-Appellees Cross Appellants.

United States Court of Appeals, Eleventh Circuit.

June 19, 2017.

Attorney(s) appearing for the Case

Alisa A. Coe , David G. Guest , Bradley Ian Brustman Marshall, Earthjustice, Tallahassee, FL, for Florida Wildlife Federation Inc.

Alisa A. Coe , Bradley Ian Brustman Marshall, Earthjustice, Tallahassee, FL, for Environmental Confederation of Southwest Florida Inc. and Conservancy of Southwest Florida Inc.

Michael Thomas Gray , U.S. Department of Justice c/o US Army Corps of Engineers, Office of Counsel, Jacksonville, FL, James Edward Nutt , Kirk Lee Burns , South Florida Water Management District, West Palm Beach, FL, Andrew J. Doyle , U.S. Department of Justice, Environment & Natural Res. Div., Washington, DC, for United States Army Corps of Engineers.

James Edward Nutt , Kirk Lee Burns , South Florida Water Management District, West Palm Beach, FL, Andrew J. Doyle , U.S. Department of Justice, Environment & Natural Res. Div., Washington, DC, for South Florida Water Management District and Florida Department of Environmental Protection.

Before TJOFLAT and ROSENBAUM, Circuit Judges, and RESTANI, Judge.

With the 1937 opening of Florida's only cross-state water channel, the Okeechobee Waterway (the "Waterway"), boats could reach the Gulf of Mexico from the Atlantic Ocean without going around the southern tip of Florida. Besides saving distance and time, the channel allowed smaller vessels to avoid uncertain sea conditions...

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