GREATER YELLOWSTONE COALITION v. FLOWERS

No. 03-8034.

359 F.3d 1257 (2004)

GREATER YELLOWSTONE COALITION and Jackson Hole Conservation Alliance, Plaintiffs-Appellants, Snake River Fund, Plaintiff-Intervenor, v. Robert B. FLOWERS, Commander and Chief of Engineers, United States Army Corps of Engineers, in his official capacity; Kurt F. Ubbelohde, District Engineer of Omaha District, United States Army Corps of Engineers, in his official capacity; Canyon Club, Inc., a Wyoming corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 2, 2004.


Attorney(s) appearing for the Case

Timothy J. Preso (Douglas L. Honnold with him on the briefs), Earthjustice, Bozeman, MT, for Plaintiffs-Appellants.

Aaron P. Avila, United States Department of Justice, Environment and Natural Resources Division, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General, Washington, DC; Matthew H. Mead, United States Attorney, Cheyenne, WY; Carol A. Statkus, Assistant United States Attorney, Cheyenne, WY; Jon M. Lipshultz and Ellen J. Durkee, Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, DC; and Gary M. Henningsen and Stanley E. Tracey, of Counsel, United States Army Corps of Engineers, Omaha, NE, with him on the brief), for Defendants-Appellees Robert B. Flowers and Kurt F. Ubbelohde.

Marc R. Stimpert (Franklin J. Falen and Richard W. Walden with him on the brief), Budd-Falen Law Offices, P.C., Cheyenne, WY, for Defendant-Appellee Canyon Club, Inc.

Before EBEL, ANDERSON, and MURPHY, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

In this case we consider Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387, and National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-70f, challenges to a CWA § 404 "dredge and fill" permit, issued by the U.S. Army Corps of Engineers ("Corps") to Canyon Club, Inc. ("Canyon Club"), a development company. The permit authorizes Canyon Club to proceed with constructing an upscale housing development and...

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