WETLANDS ACTION NETWORK v. U.S. ARMY CORPS OF ENG.

Nos. 98-56242, 98-56474, 98-56672.

222 F.3d 1105 (2000)

WETLANDS ACTION NETWORK, a California non-profit organization; Ballona Wetlands Land Trust, a California non-profit organization, Plaintiffs-Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, an agency of the United States; Michal R. Robinson, in his capacity as District Engineer of the United States Army Corps of Engineers; Joe N. Ballard, in his capacity as Chief Engineer of the United States Army Corps of Engineers, Defendants, and Playa Capital Company, L.L.C., as successor-in-interest to Maguire Thomas Partners-Playa Vista, Defendant-Intervenor-Appellant. Wetlands Action Network, a California non-profit organization; California Public Interest Research Group, Plaintiffs-Appellants, and Ballona Wetlands Land Trust, a California non-profit organization, Plaintiff, v. United States Army Corps of Engineers, an agency of the United States; Michal R. Robinson, in his capacity as District Engineer of the United States Army Corps of Engineers; Joe N. Ballard, in his capacity as Chief Engineer of the United States Army Corps of Engineers, Defendants, and Playa Capital Company, L.L.C., as successor-in-interest to Maguire Thomas Partners-Playa Vista, Defendant-Intervenor-Appellee. Wetlands Action Network, a California non-profit organization; Ballona Wetlands Land Trust, a California non-profit organization; California Public Interest Research Group, Plaintiffs-Appellees, v. United States Army Corps of Engineers, an agency of the United States; Joe N. Ballard, in his capacity as Chief Engineer of the United States Army Corps of Engineers; Robert L. Davis, Col., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2000


Attorney(s) appearing for the Case

Robert D. Crockett, Charles S. Treat, Kathleen O'Prey Truman, Leslie A. Pereira, Adam H. Braun, Latham & Watkins, Los Angeles, California, for appellant Playa Capital Company, L.L.C., successor-in-interest to Maguire Thomas Partners-Playa Vista.

Charles S. Crandall, San Diego, California, and David H. Williams, Public Interest Lawyers Group, San Francisco, California, for appellees, Wetlands Action Network and California Public Interest Research Group.

Anthony P. Hoang, Robert L. Klarquist, Mark R. Haag, DAG, Washington, D.C., John Gleason, U.S. Army Corps of Engineers, Ventura, California, and Lyn Cox, Office of Regional Solicitor, Department of Interior, Sacramento, California, for appellants-cross-appellees, United States Corps of Engineers.

Andrew R. Henderson (argued), Carlyle W. Hall, Jr., Hall & Henderson, LLP, Los Angeles, California, for amicus Friends of Ballona Wetlands.

Before: BRUNETTI, WARDLAW, Circuit Judges, and SEDWICK, District Judge.


BRUNETTI, Circuit Judge:

This case involves a challenge by environmental groups to the United States Army Corps of Engineers ("Corps") decision to grant Maguire Thomas Partners-Playa Vista ("MTP-PV")2 a permit to fill 16.1 acres of federally delineated wetlands and to mitigate the fill by creating a 51-acre freshwater wetland system. Wetlands Action Network and California Public Interest Research Group (collectively "WAN") brought suit...

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