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CALIFORNIA TROUT v. SCHAEFER

No. 93-17160.

58 F.3d 469 (1995)

CALIFORNIA TROUT, a California non-profit corporation, Plaintiff-Appellant, v. Kurt A. SCHAEFER, Lt. Col., Acting Director, U.S. Army Corps of Engineers, Sacramento District; Henry J. Hatch, Lt. General, Chief, U.S. Army Corps of Engineers; Stockton East Water District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Joseph Brecher, Oakland, CA, for plaintiff-appellant.

Andrea Nervi Ward and Lisa E. Jones, U.S. Dept. of Justice, Washington, DC, for federal defendants-appellees.

Steven Herum, Jeanne M. Zolezzi, Neumiller & Beardslee, Stockton, CA, for Stockton East Water Dist., defendants-appellees.

Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

California Trout (CalTrout), a nonprofit environmental organization, challenges the United States Army Corps of Engineers' (the Corps) decision to approve an application by the Stockton East Water District (SEWD) for a permit under section 404 of the Clean Water Act, 33 U.S.C. § 1344. SEWD sought a permit to discharge fill material into wetlands under the jurisdiction of the United States...

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