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WHITE TANKS CONCERNED CITIZENS, INC. v. STROCK

No. 07-15659.

563 F.3d 1033 (2009)

WHITE TANKS CONCERNED CITIZENS, INC., Plaintiff-Appellant, v. Carl A. STROCK, Lt. Gen. in his official capacity as Commander; United States Army Corps of Engineers; David J. Castanon, in his official capacity as Chief of the Regulatory Branch of the United States Army Corps of Engineers Los Angeles District, Defendants-Appellees, 10,000 West, LLC; Pulte Home Corporation, Amicus Curiae.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2009.

Attorney(s) appearing for the Case

Joy E. Herr, Tucson, AZ, for the plaintiff-appellant.

Mark Haag, Washington, DC, for the defendants-appellees.

Before: MARY M. SCHROEDER, D.W. NELSON and STEPHEN REINHARDT, Circuit Judges.

SCHROEDER, Circuit Judge:

This environmental dispute is between developers who dream of building thousands of homes in the now relatively undisturbed desert near the White Tank Mountains west of Phoenix, Arizona, and a non-profit organization formed essentially to oppose such developments. The focus of this dispute is the adequacy of the study that went into the decision by the Army Corps of Engineers ("Corps") to grant a permit under the Clean Water Act ("CWA") so...

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