NATIONAL WILDLIFE FEDERATION; Environmental Policy Institute; North Carolina Wildlife Federation; North Carolina Fisheries Association, Inc., Plaintiffs-Appellees, and
Pungo River Association; Stumpy Point Civic Club; the Pamlico-Tar River Foundation; the Conservation Council of North Carolina, Plaintiffs,
v.
Wayne A. HANSON, in his official capacity as Wilmington Dist. Engineer; John O. Marsh, in his official capacity as Sect. of U.S. Dept. of Army; William R. Gianelli, in his official capacity as Asst. Sect. of U.S. Dept. of Army; Joseph K. Bratton, Lt. Gen., in his off. capacity as Chief of Engineers; William D. Ruckelshaus, in his official capacity as Admr. of U.S. Environmental Protection Agency; Charles R. Jete, in his off. capacity as Regional Admr. of U.S. Environmental Protection Agency, Defendants-Appellants,
Peat Methanol Association; Prulean Farms, Inc; First Colony Farms, Inc., Defendants-Appellees,
Peat Energies Company, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 3, 1988.
Decided October 14, 1988.
Rehearing and Rehearing Denied December 14, 1988.
Attorney(s) appearing for the Case
Maria A. Iizuka (Roger J. Marzulla, Acting Asst. Atty. Gen., Jean A. Kingrey, Jacques B. Gelin, Dept. of Justice, Washington, D.C., J. Douglas McCullough, Acting U.S. Atty., Stephen A. West, Asst. U.S. Atty., Raleigh, N.C., Gail Cooper, U.S. E.P.A., Martin Cohen, U.S. Army Corps of Engineers, Washington, D.C., on brief), for defendants-appellants.
David L. Rose (Jerry Jackson, Fisheries and Wildlife Div., Nat. Wildlife Federation, on brief), Andrea Ann Timko (Carl Willner, Wilmer, Cutler & Pickering; Washington, D.C., Amos C. Dawson, III, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, N.C., on brief), W.B. Carter, Jr. (Carter, Archie & Hassell, Washington, D.C., Robert H. Blank, Thomas T. Andersen, Peeples, Earl & Blank, P.A., Miami, Fla., on brief), for plaintiffs-appellees. (Thomas N. Barefoot, Julian D. Bobbitt, Jr., Michael W. Hubbard, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., on brief), for amicus curiae.
Before CHAPMAN and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing In Banc Denied December 14, 1988.
BUTZNER, Senior Circuit Judge:
The Environmental Protection Agency (EPA) and the Army Corps of Engineers appeal from a district court order awarding attorneys' fees to the National Wildlife Federation and several other environmental groups (collectively NWF) who challenged the Corps' determination that two tracts of land in North Carolina were not wetlands...
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