RAYMOND PROFFITT FOUNDATION v. U.S. ARMY CORPS

No. 02-3565.

343 F.3d 199 (2003)

RAYMOND PROFFITT FOUNDATION; Lehigh River Stocking Assn., Appellants v. U.S. ARMY CORPS OF ENGINEERS; Debra M. Lewis, Lt. Col., District Commander.

United States Court of Appeals, Third Circuit.

Filed September 3, 2003.


Attorney(s) appearing for the Case

John Wilmer (argued), Media, PA, for Appellants.

Karen L. Tomlinson, Office of United States Attorney, Philadelphia, PA, Anna T. Katselas (argued), Silvia Sepulveda-Hambor, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees.

Before NYGAARD, SMITH, Circuit Judges, and IRENAS, District Judge.


OPINION OF THE COURT

SMITH, Circuit Judge.

The Raymond Proffitt Foundation and the Lehigh River Stocking Association (collectively, the "Foundation") appeal from an order of the Eastern District of Pennsylvania granting summary judgment to the U.S. Army Corps of Engineers ("Corps"). The District Court concluded that the Water Resources Development Act of 1990 ("WRDA"), the statute the Foundation asserts the Corps is violating, provides no "law to apply"...

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