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

Nos. 01-36133, 01-36144.

361 F.3d 1108 (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.


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.


D.W. NELSON, Senior Circuit Judge.

Ocean Advocates (OA), an environmental group, appeals a summary judgment ruling in favor of the U.S. Army Corps of Engineers (the Corps) and BP West Coast Products (BP).1 OA challenges the issuance and extension of a permit allowing BP to build an addition to its existing oil refinery dock in Cherry Point, Washington. OA argues that the district court erred...

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