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SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS

No. 06-16505.

508 F.3d 1332 (2007)

SIERRA CLUB, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants-Appellees, St. Joe Company, Intervenor, Intervenor-Appellee. Natural Resources Defense Council, Plaintiff-Appellant, v. United States Army Corps of Engineers, et al., Defendants-Appellees, St. Joe Company, Intervenor, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 7, 2007.

Attorney(s) appearing for the Case

Melanie Shepherdson, Nat. Resources Def. Council, Washington, DC, Lesley Blackner, Blackner, Stone & Associates, Palm Beach, FL, for Plaintiffs-Appellants.

John A. Bryson, U.S. Dept. of Justice, Env. & Nat. Res. Div., Washington, DC, Wayne E. Flowers, Lewis, Longman & Walker, P.A., Jacksonville, FL, for Appellees.

Before BLACK, HULL and FAY, Circuit Judges.

PER CURIAM:

In this case, we must resolve the question whether the U.S. Army Corps of Engineers (the "Corps") exceeded its authority under the Clean Water Act (the "Act") when it issued a general permit (the "Permit") authorizing all landowners engaged in "suburban development" in a large contiguous area of the Florida panhandle to discharge limited types and amounts of dredged and fill material into some, but far from all, federal waters in the Permit area, pursuant...

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