JAMES CITY COUNTY, VIRGINIA, Plaintiff-Appellee,
v.
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 June 10, 1993.
Decided December 30, 1993.
Attorney(s) appearing for the Case
Martin William Matzen, U.S. Dept. of Justice, Washington, DC, argued (Vicki A. O'Meara, Acting Asst. Atty. Gen., David A. Carson, Edward J. Shawaker, U.S. Dept. of Justice, Washington, DC, Richard Cullen, U.S. Atty., Alexandria, VA, Susan L. Watt, Asst. U.S. Atty., Norfolk, VA, Caroline Wehling, Office of Gen. Counsel, U.S.E.P.A., Washington, DC, on brief), for defendants-appellants.
Donald A. Carr, Winthrop, Stimson, Putnam & Roberts, Washington, DC, argued (William L. Thomas, Winthrop, Stimson, Putnam & Roberts, Washington, DC, Ann Powers, Vice President & Gen. Counsel, Chesapeake Bay Foundation, Inc., Annapolis, MD, Roy A. Hoagland, Virginia Staff Atty., on brief), for amicus curiae Chesapeake Bay Foundation.
William B. Ellis, McSweeney, Burtch & Crump, P.C., Richmond, VA, argued (Frank M. Morton, III, James City County, Williamsburg, VA, on brief), for plaintiff-appellee.
Nicholas C. Yost, Angus E. Crane, Dickstein, Shapiro & Morin, Washington, DC, David W. Carr, Jr., Southern Environmental Law Center, Charlottesville, VA, Apphia T. Schley, Nat. Wildlife Federation, Washington, DC, Apphia T. Schley, Virginia Wildlife Federation, Cobham, VA, for amici curiae Southern Environmental Law Center, et al.
Before RUSSELL, Circuit Judge, SPROUSE, Senior Circuit Judge, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
SPROUSE, Senior Circuit Judge:
The United States Army Corps of Engineers in 1988 granted a permit under section 404(b) of the Clean Water Act, 33 U.S.C. §§ 1251-1387, to James City County, Virginia, to construct a dam and reservoir across Ware Creek located within the County. The Environmental Protection Agency ("EPA") "vetoed" the permit under the authority granted it by section 404(c) of the...
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