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FAIRBANKS NORTH STAR v. U.S. ARMY CORPS OF ENGS.

No. 07-35545.

543 F.3d 586 (2008)

FAIRBANKS NORTH STAR BOROUGH, Plaintiff-Appellant, v. U.S. ARMY CORPS OF ENGINEERS; John W. Peabody; Kevin J. Wilson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2008.

Attorney(s) appearing for the Case

Joseph W. Miller, Fairbanks North Star Borough, Fairbanks, AK; James S. Burling and Damien M. Schiff (argued), Pacific Legal Foundation, Sacramento, CA, for the plaintiff-appellant.

Ronald J. Tenpas, Acting Assistant Attorney General, Steven E. Rusak, Ellen J. Durkee, Aaron P. Avila and Robert H. Oakley (argued), Attorneys, United States Department of Justice, Environmental and Natural Resources Division, Washington, DC; Toni B. London, United States Army Corps of Engineers, Office of Counsel, for the defendants-appellees.

Before: D.W. NELSON, A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges.

FISHER, Circuit Judge:

The Clean Water Act ("CWA") makes it unlawful to discharge dredged and fill material into the waters of the United States except in accord with a permitting regime jointly administered by the Army Corps of Engineers ("Corps") and the Environmental Protection Agency ("EPA"). See United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 123, 106 S.Ct. 455, 88...

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