JAMES CITY COUNTY, VIRGINIA, Plaintiff-Appellee,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, United States Army Corps of Engineers, Defendants-Appellants,
Southern Environmental Law Center, Virginia Wildlife Federation, National Wildlife Federation, Chesapeake Bay Foundation, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 1, 1991.
Decided January 29, 1992.
Attorney(s) appearing for the Case
Martin William Matzen, U.S. Dept. of Justice, Washington, D.C., argued (Richard B. Stewart, Asst. Atty. Gen., Peter W. Colby, Edward J. Shawaker, U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Susan L. Watt, Asst. U.S. Atty., Norfolk, Va., Caroline Wehling, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C., on brief), for defendants-appellants.
William B. Ellis, McSweeney, Burtch & Crump, P.C., Richmond, Va., argued (Michael V. Hernandez, McSweeney, Burtch & Crump, P.C., Richmond, Va., Frank M. Morton, III, County Atty., James City County, Williamsburg, Va., on brief), for plaintiff-appellee.
William A. Butler, Patricia Ross McCubbin, Angus E. Crane, James W. Rubin, Dickstein, Shapiro & Morin, Washington, D.C., Roy Hoagland, Ann Powers, Chesapeake Bay Foundation, Inc., Richmond, Va., David W. Carr, Jr., Southern Environmental Law Center, Charlottesville, Va., David W. Carr, Jr., Jan Goldman-Carter, Virginia Wildlife Federation, Virginia Beach, Va., David W. Carr, Jr., Jan Goldman-Carter, National Wildlife Federation, Washington, D.C., for Amici Curiae.
Before SPROUSE, Circuit Judge, SPENCER, District Judge for the Eastern District of Virginia, sitting by designation, and HERLONG, District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
SPROUSE, Circuit Judge:
We review a judgment of the district court overturning a determination by the Environmental Protection Agency (the "EPA") pursuant to section 404(c) of the Clean Water Act, 33 U.S.C. §§ 1251 et seq.758 F.Supp. 348. The EPA vetoed a decision by the Army Corps of Engineers which would have permitted James City County, Virginia, to build a dam and construct a water reservoir...
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