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SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS

Nos. 10-3452, 10-3456.

645 F.3d 978 (2011)

SIERRA CLUB; National Audubon Society; Audubon Arkansas; Charles Mills, Plaintiffs-Appellees, Granville Parnell, Plaintiff, Yancey Reynolds, Plaintiff-Appellee, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Jeffrey R. Eckstein, In his Official Capacity as Current District Engineer, Vicksburg District, U.S. Army Corps of Engineers, Defendants, Southwestern Electric Power Company, Intervenor defendant-Appellant. Hempstead County Hunting Club, Inc., Plaintiff-Appellee, v. Southwestern Electric Power Company, Defendant-Appellant, United States Army Corps of Engineers; Colonel Jeffrey R. Eckstein, District Engineer, Vicksburg District, U.S. Army Corps of Engineers; United States Department of the Interior; Ken Salazar, Secretary of the United States Department of the Interior; United States Fish and Wildlife Service; Rowan Gould, Acting Director of the United States Fish and Wildlife Service, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2011.

Attorney(s) appearing for the Case

Eric J. Murdock , argued, Andrew J. Turner , Washington, DC, David R. Matthews , Rogers, AR, Kelly M. McQueen , Little Rock, AR, Janet J. Henry , Columbus, OH, on the brief, for Intervenor defendant-Appellant.

Richard H. Mays , argued, Heber Springs, AR, Robert B. Wiygul , Clay Joseph Garside , on the brief, New Orleans, LA, for Plaintiffs-Appellees in case no. 10-3452.

Frederick W. Addison, III , argued, Nolan C. Knight , Amy L. Rickers , Dallas, TX, Charles R. Nestrud , Heather G. Moody , Shirley Guntharp Jones , Little Rock, AR, on the brief, for Plaintiff-Appellee in case no. 10-3456.

Before WOLLMAN, MURPHY and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

The Sierra Club and several related parties brought this action against the U.S. Army Corps of Engineers (the Corps) in February 2010, seeking to set aside a Clean Water Act permit (the § 404 permit) the Corps had issued to the Southwestern Electric Power Company (SWEPCO) which planned to construct a new power plant. After SWEPCO intervened as a defendant, the Sierra Club moved to enjoin construction of the plant. The Hempstead County Hunting...

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