CITY OF OLMSTED FALLS, OHIO, and Marvin Hirschberg, Plaintiffs-Appellants,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: July 21, 2005.
Decided and Filed: January 24, 2006.
Attorney(s) appearing for the Case
ARGUED: Barbara E. Lichman, Chevalier, Allen & Lichman, Costa Mesa, California, for Appellants. John A. Bryson, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Barbara E. Lichman, Berne C. Hart, Chevalier, Allen & Lichman, Costa Mesa, California, Kevin T. Roberts, Roberts Law Firm, Cleveland, Ohio, for Appellants. John A. Bryson, Andrew J. Doyle, United States Department of Justice, Washington, D.C., for Appellees.
Before: KENNEDY, CLAY, and GILMAN, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
KENNEDY, Circuit Judge.
This suit stems from a challenge to a "dredge and fill" permit issued by Corps Defendants1 pursuant to Section 404 of the Clean Water Act, Title 33 U.S.C. § 1344 (Section 404) by the City of Olmsted, a down-river municipality, and a private citizen who opposed the City of Cleveland's expansion of Hopkins International Airport. The expansion project called for a new runway, which required the...
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