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HOOSIER ENVIR. COUNCIL v. ARMY CORPS OF ENGN.

No. 12-3187.

722 F.3d 1053 (2013)

HOOSIER ENVIRONMENTAL COUNCIL and Citizens for Appropriate Rural Roads, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants-Appellees, and Indiana Department of Transportation, Intervenor Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 2013.

Attorney(s) appearing for the Case

Jared Jones Thompson (argued), Attorney, Natural Resources Defense Council, Washington, DC, for Plaintiffs-Appellants.

Robert H. Oakley (argued), Attorney, Department of Justice, Washington, DC, Shelese M. Woods , Attorney, Office of the United States Attorney, Indianapolis, IN, for Defendants-Appellees.

Frances Barrow , Attorney, Office of the Attorney General, Indianapolis, IN, Albert M. Ferlo, Jr. , (argued), Attorney, Perkins Coie LLP, Washington, DC, for Intervenor Defendant-Appellee.

Before BAUER, POSNER, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

This appeal requires us to consider the scope of the duty imposed on the Army Corps of Engineers by section 404 of the Clean Water Act, 33 U.S.C. § 1344, and its implementing regulations, to protect wetlands that contain or are covered by waters of the United States (and so are within federal jurisdiction) from environmental degradation by — in this case — the construction of a highway. Wetlands are environmentally significant...

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