HILLSDALE ENVIRONMENTAL LOSS PREVENTION, INC.; Kansas Natural Resource Council; Chris Axe; Shelly Axe; Frank Saunders; Natural Resources Defense Council, Inc., Plaintiffs-Appellants,
v.
UNITED STATES ARMY CORPS OF ENGINEERS; Lieutenant General Robert L. Van Antwerp, in his official capacity; Colonel Roger A. Wilson, Jr., in his official capacity; BNSF Railway Company, Defendants-Appellees.
State of Kansas; State of Oklahoma, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Maggie B. Smith , Attorney, United States Department of Justice, Environmental & Natural Resources Division, Washington, District of Columbia, Ignacia S. Moreno , Assistant Attorney General, and T. Monique Peoples and Kristofor R. Swanson , Attorneys, United States Department of Justice, Environmental & Natural Resources Division, Washington, District of Columbia, and Matthew P. Jeppson , Of Counsel, Assistant District Counsel, United States Army Corps of Engineers, Kansas City District, Kansas City, MO, for Federal Appellees.
Derek Schmidt , Attorney General of Kansas, and Jeffrey A. Chanay , Deputy Attorney General, Christopher M. Grunewald , Assistant Attorney General, Office of the Kansas Attorney General, Topeka, KS, on the brief for Amicus Curiae State of Kansas, and E. Scott Pruitt , Attorney General of Oklahoma, Oklahoma City, OK, for Amicus Curiae State of Oklahoma.
Before TYMKOVICH, McKAY, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TYMKOVICH, Circuit Judge.
This case concerns the construction of a new Burlington Northern Santa Fe (BNSF) rail/truck terminal outside Kansas City, Kansas. Because the preferred site contained streams and wetlands protected under federal law, several groups (collectively, Hillsdale) brought challenges to a dredge and fill permit issued by the United States Army Corps of Engineers (Corps) under the Clean Water Act, 33 U.S.C. §§ 1251-1387, and the National...
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