CORDIANO v. METACON GUN CLUB

Docket No. 07-0795-cv.

575 F.3d 199 (2009)

Dean M. CORDIANO, Special Master, Simsbury-Avon Preservation Society, LLC, and Gregory Silpe, Plaintiffs-Appellants, v. METACON GUN CLUB, INC., Its Members and Guests, Defendants-Appellees, Robert Patricelli, Rinaldo Tedeschi, Diane Tedeschi, Sheldon Cherry, Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2009.


Attorney(s) appearing for the Case

Andrew J. McDonald, James T. Shearin, Diane Woodfield Whitney, Pullman and Comley, LLC, Hartford, CT, for Plaintiffs-Appellants.

M. Reed Hopper, Pacific Legal Foundation, Bellevue, WA, for Defendants-Appellees.

Amber Blaha, Katherine J. Barton, Bradford McLane, Attorneys, United States Department of Justice, Environment and Natural Resources Division, Karyn Wendelow Ski, Office of the General Counsel, United States Environmental Protection Agency, Daniel Inkelas, Office of the Chief Counsel, United States Army Corps of Engineers, for Amici Curiae the United States.

James G. Murphy, for Amici Curiae National Wildlife Federation, Connecticut Fund for the Environment, Conservation Law Foundation, Environmental Advocates of New York, Farmington River Watershed Association, Natural Resources Defense Council, Rivers Alliance of Connecticut, Sierra Club, and Vermont Natural Resources Council, Inc., supporting Plaintiffs-Appellants.

Deirdre G. Duncan, Virginia S. Albrecht, Jeffrey C. Corey, for Amici Curiae the National Association of Home Builders, the American Farm Bureau Federation, and the Chamber of Commerce of the United States of America, supporting Defendants-Appellees.

Before: RAGGI, WESLEY, and LIVINGSTON, Circuit Judges.


DEBRA ANN LIVINGSTON, Circuit Judge:

Plaintiffs-Appellants appeal from the judgment of the United States District Court for the District of Connecticut (Arterton, J.), dismissing various claims under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901-6992k, and the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387. First, the district court dismissed Plaintiffs-Appellants' permitting...

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