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SAVE OUR SONORAN, INC. v. FLOWERS

Nos. 02-16156, 02-16263, 02-16355.

381 F.3d 905 (2004)

SAVE OUR SONORAN, INC., a non-profit corporation, Plaintiff-Appellee, v. Robert B. FLOWERS, Lieutenant General, in his official capacity as Commander, U.S. Army Corps of Engineers; Mark F. Sudol, in his official capacity as Chief of the Regulatory Branch of the U.S. Army Corps of Engineers, Los Angeles District, Defendants, and 56TH & Lone Mountain, L.L.C., Defendant-Appellant. Save Our Sonoran, Inc., a non-profit corporation, Plaintiff-Appellant, v. Robert B. Flowers, Lieutenant General, in his official capacity as Commander, U.S. Army Corps of Engineer; Mark F. Sudol, in his official capacity as Chief of the Regulatory Branch of the U.S. Army Corps of Engineers, Los Angeles District; 56th and Lone Mountain, L.L.C., Defendants-Appellees. Save Our Sonoran, Inc., a non-profit corporation, Plaintiff-Appellee, v. Robert B. Flowers, Lieutenant General, in his official capacity as Commander, U.S. Army Corps of Engineers, Defendant, and 56th & Lone Mountain, L.L.C., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2004.

Attorney(s) appearing for the Case

Norman D. James, Jay L. Shapiro (argued), Fennemore Craig, Phoenix, AZ, for defendant-appellant/cross-appellee 56th & Lone Mountain, L.L.C.

Myron L. Scott (argued), Tempe, AZ, for plaintiff-appellee/cross-appellant Save Our Sonoran, Inc.

Vera S. Kornylak, Arizona Center for Law in the Public Interest, Michael P. Senatore, Defenders of Wildlife, for amicus curiae Defenders of Wildlife.

Before: NOONAN, THOMAS, and CLIFTON, Circuit Judges.

THOMAS, Circuit Judge:

In this appeal, we consider the management of the waterways in Arizona's Sonoran desert. This, of course, inevitably brings to mind the exchange between Claude Rains and Humphrey Bogart in Casablanca (Warner Bros.1942), which aptly distills this dispute to its essence:

Captain Renault: What in heaven's name brought you to Casablanca? Rick: My health. I came to Casablanca for the waters. Captain Renault: The...

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