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NATIONAL ECOLOGICAL FOUNDATION v. ALEXANDER

No. 06-5700.

496 F.3d 466 (2007)

NATIONAL ECOLOGICAL FOUNDATION, et al., Plaintiffs-Appellees, v. Clifford ALEXANDER, Secretary of the Army, and U.S. Environmental Protection Agency, Defendants-Appellees, Tennessee Department of Conservation, Tennessee Department of Public Health, and Obion-Forked Deer River Basin Authority, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2007.

Attorney(s) appearing for the Case

ON BRIEF: Sohnia W. Hong, Office of the Attorney General, Nashville, Tennessee, Barry Turner, Office of the Attorney General, Environmental Division, Nashville, Tennessee, for Appellants. William Siler, Assistant United States Attorney, Memphis, Tennessee, John C. Hayworth, Robert J. Walker, John L. Farringer IV, Walker, Tipps & Malone, Nashville, Tennessee, for Appellees.

Before: SUHRHEINRICH, CLAY, and SUTTON, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. SUTTON, J. (p. ___), delivered a separate opinion concurring in the judgment.

OPINION

CLAY, Circuit Judge.

The Stokes Creek canal is a channelized stream in western Tennessee. Defendants, the West Tennessee River Basin Authority (the "WTRBA") and the Tennessee Department of Environment and Conservation (collectively the "State"), wish to transform 1.5 miles of this stream...

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