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OCEAN ADVOCATES v. U.S. ARMY CORPS OF ENGINEERS

Nos. 01-36133, 01-36144.

402 F.3d 846 (2004)

OCEAN ADVOCATES, a non-profit organization; Fuel Safe Washington, a non-profit organization; North Cascades Audubon Society, a non-profit organization; Dan Crawford, an individual; Re Sources, a non-profit organization, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Ralph H. Graves, Defendants-Appellees, BP West Coast Products, LLC, f/k/a Atlantic Richfield Company, Intervenor-Appellee. Ocean Advocates, a non-profit organization; Fuel Safe Washington, a non-profit organization; North Cascades Audubon Society, a non-profit organization; Dan Crawford, an individual; Re Sources, a non-profit organization, Plaintiffs-Appellees, v. United States Army Corps of Engineers; Ralph H. Graves, Defendants-Appellants, BP West Coast Products, LLC, f/k/a Atlantic Richfield Company, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2004.

Amended March 4, 2005.

Attorney(s) appearing for the Case

John B. Arum, Seattle, WA, for the plaintiff-appellant.

Claudia M. Newman, Seattle, WA, for the plaintiff-appellant.

Elaine Spencer, Seattle, WA, for the defendant-intervenor-appellee/cross-appellant.

Ronald M. Spritzer, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendant-appellee.

Before D.W. NELSON, THOMAS, Circuit Judges, and PREGERSON, District Judge.

ORDER

The opinion filed on March 15, 2004, appearing at 361 F.3d 1108 (9th Cir.2004) is amended as follows: Page 3151, lines 1-2: delete "See Public Citizen v. Dep't of Transp., 316 F.3d 1002, 1014 (9th Cir.2003)."

Page 3164, line 7: replace "dock" with "refinery"

Page 3167, lines 6-14: replace "With the dock extension, though, the BP facility can handle additional traffic...

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