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GREATER YELLOWSTONE COALITION v. FLOWERS

No. 02-8087.

321 F.3d 1250 (2003)

GREATER YELLOWSTONE COALITION; Jackson Hole Conservation Alliance, Plaintiffs-Appellants, and Snake River Fund, Plaintiff-Intervenor, v. Robert B. FLOWERS, Commander and Chief of Engineers, United States Army Corps of Engineers, in his official capacity; Kurt F. Ubbelohde, District Engineer of Omaha District, United States Army Corps of Engineers, in his official capacity; Canyon Club Inc., a Wyoming Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 20, 2003.

Attorney(s) appearing for the Case

Timothy J. Preso (Douglas L. Honnold on the briefs), Bozeman, MT, for Plaintiffs-Appellants.

Aaron P. Avila (Gary M. Henningsen and Stanley E. Tracey, U.S. Army Corps of Engineers, Omaha, NE; Matthew H. Mead, United States Attorney; Thomas L. Sansonetti, Assistant Attorney General; Carol A. Statkus, Assistant United States Attorney; Jon Lipshultz and Ellen Durkee, Attorneys, United States Department of Justice, Environmental & Natural Resources Division with him on the brief), United States Department of Justice, Environmental & Natural Resources Division, Washington, DC, for Defendants-Appellees.

Richard W. Walden (Franklin J. Falen and Marc R. Stimpert with him on the brief), Budd-Falen Law Offices, P.C., Cheyenne, WY, for the Defendant-Appellee Canyon Club, Inc.

Before SEYMOUR, HENRY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This case involves a proposal to construct an eighteen-hole golf course and residential development along the Snake River in Wyoming, an area that provides important nesting and foraging habitat for the bald eagle, a threatened species. Two environmental groups, the Greater Yellowstone Coalition and the Jackson Hole Conservation Alliance (collectively, the "plaintiffs"), challenge the Army Corps of Engineers' ("Corps'") issuance of a permit...

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