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BOARD OF MISSISSIPPI LEVEE COM'RS v. U.S. E.P.A.

No. 11-60302.

674 F.3d 409 (2012)

BOARD OF MISSISSIPPI LEVEE COMMISSIONERS, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, in her official capacity as Administrator; Nancy Stoner, in her official capacity as Acting Assistant Administrator for Water, Defendants-Appellees, Mississippi Wildlife Federation; National Wildlife Federation; Environmental Defense Fund; Sierra Club; Gulf Restoration Network; American Rivers, Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 6, 2012.

Attorney(s) appearing for the Case

Damien Michael Schiff (argued), Malcolm Reed Hopper , Sacramento, CA, Heath Shannon Douglas , Charles S. Tindall, III , Lake Tindall, L.L.P., Greenville, MS, for Plaintiff-Appellant.

Lewis Bondurant Jones (argued), Patricia Thrower Barmeyer , John Louis Fortuna , King & Spalding, L.L.P., Atlanta, GA, Robert Baxter Wiygul , Waltzer & Wiygul, Ocean Springs, MS, for Intervenor Defendants-Appellees.

Maggie B. Smith (argued), Lisa Elizabeth Jones , Environment & Natural Res. Div., Norman Louis Rave, Jr. , U.S. Dept. of Justice, Washington, DC, Ralph M. Dean , Oxford, MS, for Defendants-Appellees.

Before KING, WIENER, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

The Board of Mississippi Levee Commissioners (the "Board") appeals the district court's decision granting summary judgment to the Environmental Protection Agency ("EPA"), Lisa P. Jackson, Nancy Stoner, the Mississippi Wildlife Federation, Sierra Club, Environmental Defense Fund, Gulf Restoration Network, and American Rivers (collectively, "Appellees"), on the Board's claim that the EPA improperly exercised its power to veto a plan to reduce...

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