HUGHES RIVER WATERSHED CONSERVANCY, an unincorporated association; Sierra Club, a corporation; West Virginia Rivers Coalition, a corporation; Russell Richards; Wilson Lewis Davis; Jettie B. Stanley; Ted Richards, Plaintiffs-Appellants,
and
West Virginia Citizen Action Group, a corporation, Plaintiff,
v.
Daniel R. GLICKMAN, in his official capacity as Secretary of the United States Department of Agriculture; Charles B. Felton, in his official capacity as Director of the West Virginia Division of Natural Resources; Paul W. Johnson, in his official capacity as Chief Administrator of the Soil Conservation Service, United States Department of Agriculture; Arthur E. Williams, Lieutenant General, in his official capacity as Chief of Engineers, United States Army Corps of Engineers; Robert L. Bensey, in his official capacity as State Conservationist, Natural Resources Conservation Service, United States Department of Agriculture; Fred Fields, in his official capacity as Chairman of the Board of Supervisors of the Little Kanawha Soil Conservation District, a political subdivision of the State of West Virginia, Defendants-Appellees,
and
Mike Espy, in his official capacity as Secretary of the United States Department of Agriculture; Rollin Swank, in his official capacity as State Conservationist, Soil Conservation Service, United States Department of Agriculture; John Sims, in his official capacity as Chairman of the Board of Supervisors of the Little Kanawha Soil Conservation District, a political subdivision of the State of West Virginia; James B. Lawrence, in his official capacity as Commissioner of the West Virginia Division of Tourism and Parks; Jesse L. White, Doctor, in his official capacity as Co-Chairman of the Appalachian Regional Commission, Defendants.
American Rivers, Incorporated, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued February 2, 1996.
Decided April 12, 1996.
Attorney(s) appearing for the Case
ARGUED: Robert Geoffrey Dreher, Sierra Club Legal Defense Fund, Washington, DC, for Appellants. Robert Lawrence Klarquist, United States Department of Justice, Washington, DC; Christopher Burr Power, Robinson & McElwee, Charleston, West Virginia, for Appellees. ON BRIEF: Thomas R. Michael, Michael & Kupec, Clarksburg, West Virginia, for Appellants. Lois J. Schiffer, Assistant Attorney General, J. Carol Williams, United States Department of Justice, Washington, DC; William D. Wilmoth, United States Attorney, Patrick M. Flatley, Assistant United States Attorney, Wheeling, West Virginia; Jeffrey D. Eisenberg, United States Department of Agriculture, Washington, DC; Terry Clark, Assistant District Counsel, United States Army Corps of Engineers, Huntington, West Virginia, for Federal Appellees. David L. Yaussy, Robinson & McElwee, Charleston, West Virginia, for Appellees Fields and Little Kanawha District; Darrell V. McGraw, Jr., Attorney General, Rex Burford, Senior Assistant Attorney General, Charleston, West Virginia, for State Appellees.
Before HALL and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Affirmed in part, vacated in part, and remanded for further proceedings by published opinion. Judge HAMILTON wrote the majority opinion, in which Senior Judge PHILLIPS joined. Judge HALL wrote a dissenting opinion.
OPINION
HAMILTON, Circuit Judge:
The Hughes River Watershed Conservancy, the Sierra Club, the West Virginia Rivers Coalition, and four private individuals (collectively referred to as "the Conservancy") brought this action against federal...
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