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PYE v. U.S.

No. 98-2229.

269 F.3d 459 (2001)

Russ PYE; Lee Pye, Plaintiffs-Appellants, v. UNITED STATES of America; UNITED STATES Army Corps of Engineers, Defendants-Appellees. National Trust for Historic Preservation; Society for Historical Archaeology; American Cultural Resource Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 2001.

Attorney(s) appearing for the Case

ARGUED: C.C. Harness, III, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Charleston, South Carolina, for Appellants.

Cornish F. Hitchcock, Washington, DC, for Amici Curiae. John Thompson Stahr, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for Appellees.

ON BRIEF: Perrin Q. Dargan, III, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Charleston, South Carolina, for Appellants.

Elizabeth S. Merritt, Associate General Counsel, Edith M. Shine, Associate General Counsel, Laura S. Nelson, Assistant General Counsel, National Trust for Historic Preservation, Washington, DC, for Amici Curiae. Lois J. Schiffer, Assistant Attorney General, David C. Shilton, David L. Weigert, Lyn Jacobs, Environment and Natural Resources Division, United States Department of Justice, Washington, DC; Frank Jordan, District Counsel, United States Army Corps of Engineers, Charleston, South Carolina, for Appellees.

Before: WILKINSON, Chief Judge, and WIDENER and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Chief Judge WILKINSON and Judge DIANA GRIBBON MOTZ concurred.

OPINION

WIDENER, Circuit Judge:

This is a suit brought by Russ and Lee Pye, seeking to require the Corps of Engineers to conform to statutory and regulatory requirements before issuing a permit to construct a road crossing within the waters of the United States. The Pyes own adjoining land to the land...

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