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RESOURCE INV., INC. v. U.S. ARMY CORPS OF ENG'RS.

No. 97-35934.

151 F.3d 1162 (1998)

RESOURCE INVESTMENTS, INC. a Washington corporation; Land Recovery, Inc., a Washington corporation, Plaintiffs-Appellants, v. U.S. ARMY CORPS OF ENGINEERS; James D. Green, Project Manager, U.S. Army Corps of Engineers; Donald T. Wynn, Colonel, District Engineer, U.S. Army Corps of Engineers; Bartholomew B. Bohn, II, Colonel, Acting Division Engineer, U.S. Army Corps of Engineers; Russell L. Fuhrman, Major General, Director of Civil Works, U.S. Army Corps of Engineers; Joe N. Ballard, Lt. General, Acting Chief of Engineers, U.S. Army Corps of Engineers; H. Martin Lancaster, Assistant Secretary of the Army for Civil Works; Togo D. West, Jr., Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1998.

Attorney(s) appearing for the Case

Daniel D. Syrdal, Heller, Ehrman, White and McAuliffe, Seattle, Washington, for plaintiffs-appellants.

John A. Bryson, United States Department of Justice, Washington, DC, for defendants-appellees.

Rodney L. Brown, Jr., Marten & Brown, Seattle, WA, for amici-curiae, Pierce County, WA, and the National Association of Counties.

Lawrence R. Liebesman, Carriellen, Crowell, Linowes and Blocher, Silver Springs, Maryland, for amici curiae Nationwide Public Projects Coalition, Cobb County-Marietta (GA) Water Authority, West San Bernardino County (CA) Water District, Helix (CA) Water District, and Washington State Refuse and Recycling Association.

Gary J. Smith, Beveridge & Diamond, Washington, DC, for amici curiae National Association of Home Builders, National Association of Realtors and National Association of Industries and Office Parks.

Before: THOMPSON and TASHIMA, Circuit Judges, and STAGG, District Judge.

DAVID R. THOMPSON, Circuit Judge:

OVERVIEW

This case presents the question whether section 404 of the Clean Water Act (CWA), 33 U.S.C. § 1344, authorizes the United States Army Corps of Engineers (Corps) to require a landowner to obtain a dredge and fill permit from the Corps before constructing a municipal solid waste landfill on a wetlands site. We hold that the construction of a municipal solid waste landfill...

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