HOLY CROSS WILDERNESS FUND, Plaintiff-Appellant,
v.
Edward R. MADIGAN, Secretary, United States Department of Agriculture; R. Max Peterson, Chief, United States Forest Service; James F. Torrence, Regional Forester of the Rocky Mountain Region of the United States Forest Service; John O. Marsh, Secretary, United States Army; E.R. Heiberg, III, Chief, United States Army Corps of Engineers; Wayne J. Scholl, District Engineer, Sacramento District, United States Army Corps of Engineers, in their official capacities, Defendants-Appellees, and
City of Colorado Springs and City of Aurora, Defendants-Intervenors-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 3, 1992.
April 3, 1992.
Attorney(s) appearing for the Case
Lori Potter of Sierra Club Legal Defense Fund, Inc., Denver, Colo. (Henry W. Ipsen, Charlotte L. Neitzel, and Michele R. Lamontagne of Holme Roberts & Owen, Denver, Colo.; and Frances M. Green of Land and Water Fund, Boulder, Colo., with her on the briefs), for plaintiff-appellant.
Jacques B. Gelin, Atty., Dept. of Justice, Environment & Natural Resources Div., Washington, D.C. (Stuart L. Shelton, Office of Gen. Counsel, U.S. Dept. of Agriculture, Washington, D.C., of counsel; Geoffrey Worstell, Asst. District Counsel, U.S. Army Corps of Engineers, Sacramento, Cal., of counsel; Richard B. Stewart, Asst. Atty. Gen., Dept. of Justice, Environment & Natural Resources Div., Washington, D.C.; Michael J. Norton, U.S. Atty., and J. Greg Whitehair, Asst. U.S. Atty., Denver, Colo.; Dirk D. Snel, Atty., Dept. of Justice, Environment & Natural Resources Div., Washington, D.C., with him on the brief), for defendants-appellees.
Mark T. Pifher of Anderson, Johnson & Gianunzio, Colorado Springs, Colo. (M. Cole Emmons of Anderson, Johnson & Gianunzio, Colorado Springs, Colo., and John M. Dingess of Petrock, Fendel & Dingess, Denver, Colo., with him on the brief), for defendants-intervenors-appellees.
Before ANDERSON and BALDOCK, Circuit Judges, and A.J. ANDERSON, District Judge.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
The central question in this case is whether the Army Corps of Engineers violated the National Environmental Policy Act ("NEPA") and section 404 of the Clean Water Act ("CWA") when it issued a permit to allow construction of the Homestake II water project in the Holy Cross Wilderness Area, located in the White River National Forest outside Denver, Colorado prior to the completion of studies...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
