HUGHES RIVER WATERSHED CONSERVANCY v. JOHNSON

No. 98-2134.

165 F.3d 283 (1999)

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. 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; Joe N. Ballard, Chief of Engineers, U.S. Army Corps of Engineers; William J. Hartman, State Conservationist, Natural Resources Conservation Service, U.S. Department of Agriculture; 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; Shelby Vanscoy, Chief of the Board of Supervisors, Little Kanawha Soil Conservation District, 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; Robert L. Bensey, in his official capacity as State Conservationist, Natural Resources Conservation Service, United States Department of Agriculture, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1999.


Attorney(s) appearing for the Case

ARGUED: Thomas Roy Michael, Michael & Kupec, Clarksburg, West Virginia, for Appellants. Robert Harris Oakley, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, United States Department of Justice, Washington, D.C.; William D. Wilmoth, United States Attorney, Patrick M. Flatley, Assistant United States Attorney, Wheeling, West Virginia, for federal Appellees; Christopher B. Power, David L. Yaussy, Robinson & McElwee, Charleston, West Virginia, for Appellees Fields and Little Kanawha; Darrell V. McGraw, Jr., Attorney General, Daynus Jividen, Senior Assistant Attorney General, Charleston, West Virginia, for state Appellees.

Before NIEMEYER and HAMILTON, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge NIEMEYER and Judge HERLONG joined.

OPINION

HAMILTON, Circuit Judge:

The Hughes Rivershed Water Conservancy and a number of other environmental groups (collectively referred to as HRWC) appeal the district court's grant of summary judgment in favor of the Army Corps of Engineers and the Natural Resources Conservation Service (the Agencies), following our remand of the...

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