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ATCHAFALAYA BASINKEEPER v. CHUSTZ

No. 11-30471.

682 F.3d 356 (2012)

ATCHAFALAYA BASINKEEPER; Louisiana Environmental Action Network, Plaintiffs-Appellants, v. Stephen CHUSTZ, in his official capacity as Acting Director of the Atchafalaya Basin Program, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 2012.

Attorney(s) appearing for the Case

Adam Babich (argued), Chester Fields (argued), Corinne Jacqueline Van Dalen , Supervisory Atty., Tulane University, Tulane Environmental Law Clinic, New Orleans, LA, for Plaintiffs-Appellants.

Ryan Michael Seidemann , Louisiana Dept. of Justice, Megan Kathleen Terrell , Asst. Atty. Gen. (argued), Office of the Atty. Gen. for the State of Louisiana, Baton Rouge, LA, for Defendant-Appellee.

Before DeMOSS, CLEMENT and ELROD, Circuit Judges.

PER CURIAM:

The Atchafalaya Basinkeeper and the Louisiana Environmental Action Network (collectively "Appellants") are private entities with an interest in protecting Bayou Postillion in Iberia Parish, Louisiana. They sued the Atchafalaya Basin Program ("Program"), alleging that the Program violated the conditions of a permit issued to it by the Army Corps of Engineers ("Corps") under the Clean Water Act ("Act"), 33 U.S.C. § 1344. The district court dismissed...

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