Pat WEBSTER; Joem Webster; Elizabeth Webster; Charles Foltz; Linda Foltz; Gloria Foltz Walker; Elizabeth Webster, as Executrix for the Estate of Allaina Garrett Whetzel, Plaintiffs-Appellants,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, by and through its Agency, the Natural Resources Conservation Service; Potomac Valley Conservation District; Hardy County Commission; West Virginia State Conservation Agency, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 16, 2012.
Decided: July 13, 2012.
Attorney(s) appearing for the Case
ARGUED: Christopher Patrick Stroech , Shepherdstown, West Virginia, for Appellants. Mark R. Haag , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Silas B. Taylor , Office of the West Virginia Attorney General, Charleston, West Virginia, for Appellee West Virginia State Conservation Agency; Jessica M. Baker, Walters, Krauskopf & Baker, Moorefield, West Virginia, for Appellees Potomac Valley Conservation District and Hardy County Commission; Ignacia S. Moreno, Assistant Attorney General, Elizabeth Ann Peterson, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellee United States Department of Agriculture.
Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.
United States Court of Appeals, Fourth Circuit.
OPINION
FLOYD, Circuit Judge:
Over thirty-five years ago, the Natural Resources Conservation Service (NRCS),1 working with local sponsors, devised a project to provide watershed protection, flood prevention, and recreation along the Lost River Subwatershed. The proposed project involved a combination of landtreatment measures and five dams and impoundments. In 1974, the NRCS issued...
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