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ADVOCATES FOR TRANSPORTATION v. U.S. ARMY CORPS

Civil Action No. 05-11918-WGY.

453 F.Supp.2d 289 (2006)

ADVOCATES FOR TRANSPORTATION ALTERNATIVES, INC.; John Bewick; Martha Bewick; Amanda Burgoon; Norma Kravette; Ann Collins; Marian Sherman; Dan Clark; Emily Clark; Kathleen Donohue; Colleen O'Hanley; Valerie O'Hanley; Nancy Hills; Fred Hills; and Phyllis Koch, Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS; Hon. Francis J. Harvey; Lieutenant General Carl A. Strock; Colonel Thomas L. Koning, Defendants. v. Massachusetts Bay Transportation Authority, Defendant-Intervenor.

United States District Court, D. Massachusetts.

September 29, 2006.

Attorney(s) appearing for the Case

Douglas H. Wilkins, Anderson & Kreiger LLP, Cambridge, MA, for Plaintiff.

Alan D. Greenberg, U.S. Department of Justice, Environmental Defense Section, Denver, CO, Eugenia M. Carris, United States Attorney's Office, Boston, MA, John P. Almeida, U.S. Army Corps of Engineers, Concord, MA, for Defendants.

Richard A. Nylen, Jr., Lynch DeSimone & Nylen, Boston, MA, for Defendant-Intervenor.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

The plaintiffs Advocates for Transportation Alternatives, Inc.1 and individual Massachusetts residents2 (collectively, the "Advocates") allege that the U.S. Army Corps of Engineers ("Corps") violated federal environmental statutes by issuing a permit pursuant to the Clean Water Act to the Massachusetts Bay Transportation...

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