TOWN OF NORFOLK and Town of Walpole, Plaintiffs, Appellants,
v.
UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard March 4, 1992.
Decided July 15, 1992.
Attorney(s) appearing for the Case
Stephen D. Anderson, Cambridge, Mass., for plaintiff, appellant Town of Norfolk.
John W. Giorgio, for plaintiff, appellant Town of Walpole, with whom Leonard Kopelman, Kopelman and Paige, P.C., Boston, Mass., Anderson & Kreiger, Cambridge, Mass., Christopher H. Little and Tillinghast, Collins & Graham, Providence, R.I., were on brief.
George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., with whom Barry M. Hartman, Acting Asst. Atty. Gen., Environment and Natural Resources Div., Washington, D.C., Wayne A. Budd, U.S. Atty., Boston, Mass., William B. Lazarus, Stephen L. Samuels, Elizabeth Yu, Attys., Dept. of Justice, Washington, D.C., Steven H. Goldberg, Boston, Mass., of counsel; Gary Pasternak, Asst. Dist. Counsel, Dept. of the Army, Corps of Engineers, Washington, D.C., were on joint brief, for defendants, appellees U.S. Army Corps of Engineers and Massachusetts Water Resources Authority.
Before TORRUELLA, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
On this appeal, the Towns of Walpole and Norfolk challenge the decision of the U.S. Army Corps of Engineers ("Corps") to issue a permit under Section 404 of the Clean Water Act1 to allow the Massachusetts Water Resources Authority ("MWRA") to place fill in an artificial wetland located in the Town of Walpole and adjacent to the Town of Norfolk.2 The district court, in a comprehensive...
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