HILL v. BOY

No. 97-8872.

144 F.3d 1446 (1998)

Richard S. HILL; Derrill M. Maxwell, et al., Plaintiffs-Appellants, v. Wayne W. BOY, Col., District Engineer, Savannah, U.S. Army Corps of Engineers; John H. Zirschky, Acting Assistant Secretary of the Army (Civil Work), et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 2, 1998.


Attorney(s) appearing for the Case

Gary P. Bunch, Carrollton, GA, for Plaintiffs-Appellants.

Ronald Spritzer, U.S. Dept. of Justice, Washington, DC, for Defendants-Appellees.

Before ANDERSON and BIRCH, Circuit Judges, and COHILL, Senior District Judge.


ANDERSON, Circuit Judge:

In this case, the appellants challenge the United States Army Corps of Engineers' issuance of a section 404 permit under the Clean Water Act, 33 U.S.C. § 1344, for the proposed construction of a reservoir and dam in Carroll County, Georgia. We affirm in part, vacate in part, and remand. Because we conclude that the Corps of Engineers did not adequately consider the potential adverse environmental impact of a petroleum pipeline that crosses...

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