CARABELL v. U.S. ARMY CORPS OF ENGINEERS

No. 03-1700.

391 F.3d 704 (2004)

June CARABELL; Keith Carabell; Harvey Gordenker; Frances Gordenker, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 27, 2004.


Attorney(s) appearing for the Case

ARGUED: Paul R. Bernard, Dickinson, Wright, PLLC, Detroit, Michigan, for Appellants. Todd S. Kim, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Paul R. Bernard, Timothy A. Stoepker, Dickinson, Wright, PLLC, Detroit, Michigan, for Appellants. Todd S. Kim, United States Department of Justice, Washington, D.C., for Appellees. M. Reed Hopper, Pacific Legal Foundation, Sacramento, California, for Amicus Curiae.

Before: BATCHELDER and GIBBONS, Circuit Judges; STAFFORD, District Judge.


OPINION

STAFFORD, District Judge.

Plaintiffs appeal the summary judgment for the defendants in this action to review final agency action under the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387. We affirm.

I.

Plaintiffs, June Carabell, Keith Carabell, Harvey Gordenker, and Frances Gordenker (collectively, "Carabells"), own 19.61 acres of property in Chesterfield Township, Macomb County, Michigan. In prehistoric times, this property...

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