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AMERICAN BOTTOM CONSERVANCY v. U.S. ARMY CORPS

No. 10-3488.

650 F.3d 652 (2011)

AMERICAN BOTTOM CONSERVANCY, Plaintiff-Appellant, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Elizabeth J. Hubertz (argued), Washington University School of Law, St. Louis, MO, for Plaintiff-Appellant.

Thekla Hansen-Young (argued), Department of Justice, Washington, DC, for Defendants-Appellees United States Army Corps of Engineers and Thomas E. O'Hara.

Nicholas G. Frey (argued), Stinson Morrison Hecker LLP, St. Louis, MO, for Defendant-Appellee Waste Management of Illinois Incorporated.

Before POSNER and MANION, Circuit Judges, and LEFKOW, District Judge.

POSNER, Circuit Judge.

The "American Bottom" is a 175-square-mile floodplain of the Mississippi River in southwestern Illinois, across the river from St. Louis. The area contains wetlands (water-saturated soil) that provide habitat for many different species of birds, butterflies, and other wildlife. The American Bottom Conservancy is an environmental organization that seeks to preserve the wetlands. Its members include birdwatchers and other people who enjoy seeing...

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