CITY OF SHOREACRES; et al., Plaintiffs,
City of Shoreacres; City of Taylor Lake Village, Texas; Galveston Bay Conservation and Preservation Association; Texas Committee on Natural Resources; Galveston Bay Foundation; Houston Yacht Club; Professionals Involved in Seafood Concerned Enterprises; Gulf Restoration Network; City of Seabrook; City of El Lago, Plaintiffs-Appellants,
v.
Leonard D. WATERWORTH, Colonel, District Engineer, Galveston District-U.S. Army Corps of Engineers; Robert B. Flowers, Lieutenant General, Commander and Chief of Engineers, U.S. Army Corps of Engineers; Les Brownlee, Acting Secretary of the Army; United States Army Corps of Engineers, Defendants-Appellees,
Port of Houston Authority, Intervenor Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
August 8, 2005.
August 8, 2005.
Attorney(s) appearing for the Case
James B. Blackburn, Jr. (argued), Blackburn & Carter, Houston, TX, for City of Shoreacres, City of Taylor Lake Village, Texas, Galveston Bay Conservation and Preservation Ass'n, Texas Committee on Natural Resources, Galveston Bay Foundation, Houston Yacht Club, Professionals Involved in Seafood Concerned Enterprises, Gulf Restoration Network and City of El Lago.
Judith R. Blakeway, Strasburger & Price, San Antonio, TX, for City of Seabrook.
John A. Bryson (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for District-U.S. Army Corps of Engineers, Robert B. Flowers, Les Brownlee and United States Army Corps of Engineers.
Sharon M. Mattox (argued), Vinson & Elkins, Houston, TX, for Port of Houston Authority.
Nathan Allan Wesely, Royston, Rayzor, Vickery & Williams, Houston, TX, for West Gulf Maritime Ass'n, Amicus Curiae.
Gregory Thomas Broderick, Pacific Legal Foundation, Sacramento, CA, for Pacific Legal Foundation and John A. Rapanos, Amici Curiae.
Anthony G. Buzbee, Buzbee Law Firm, Galveston, TX, for International Longshoremen's Ass'n Local No. 24, International Longshoremen's Ass'n Local No. 28, International Longshoremen's Ass'n Local No. 1530 and International Longshoremen's Ass'n Local No. 1351, Amici Curiae.
Before GARWOOD, SMITH and CLEMENT, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
GARWOOD, Circuit Judge:
Plaintiffs-appellants brought this suit under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., and the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq., against the United States Army Corps of Engineers (Corps) seeking recision of a 33 U.S.C. § 1344 dredge and fill permit issued by the Corps to the Port of Houston (Port) for the construction of a ten-berth cargo and cruise ship terminal adjacent...
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