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FRIENDS OF BACK BAY v. U.S. ARMY CORPS OF ENGRS.

No. 11-1184.

681 F.3d 581 (2012)

FRIENDS OF BACK BAY; Back Bay Restoration Foundation, Ltd., Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; John McHugh, in his official capacity as Secretary of the Army; Robert L. Van Antwerp, Lieutenant General, in his official capacity as Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers; Andrew W. Backus, Colonel, in his official capacity as District Engineer of the U.S. Army Corps of Engineers, Norfolk District, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 18, 2012.

Attorney(s) appearing for the Case

ARGUED: Deborah M. Murray , Southern Environmental Law Center, Charlottesville, Virginia, for Appellants. Brian C. Toth , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Ignacia S. Moreno , Assistant Attorney General, Environment & Natural Resources Division, Katherine J. Barton , United States Department of Justice, Washington, D.C., for Appellees.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY and Judge FLOYD joined.

OPINION

KING, Circuit Judge:

Friends of Back Bay, together with Back Bay Restoration Foundation, Ltd., the plaintiffs below, appeal the district court's award of summary judgment to defendants United States Army Corps of Engineers (the "Corps"), Secretary of the Army John McHugh, the Commanding General of the Corps, Robert L. Van Antwerp, and Colonel Andrew W. Backus, the District Engineer for the Corps in its Norfolk...

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