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JONES v. NATIONAL MARINE FISHERIES SERVICE

No. 11-35954.

741 F.3d 989 (2013)

John B. JONES, III; Julie Jones; Larry White; Bandon Woodlands Community Association; Oregon Coast Alliance, Plaintiffs-Appellants, v. NATIONAL MARINE FISHERIES SERVICE; William W. Stelle, Jr., in his official capacity as Acting Regional Administrator; United States Army Corps of Engineers; Robert L. Van Antwerp, Jr., Chief of Engineers and Commanding General, Defendants-Appellees, Oregon Resources Corporation, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2013.

Attorney(s) appearing for the Case

Courtney Johnson (argued), and Christopher Winter , Crag Law Center, Portland, OR, for Plaintiffs-Appellants.

Maggie B. Smith (argued), Amanda Shafer Berman , Barbara M.R. Marvin , and Lane N. McFadden , Attorneys, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for Federal Defendants-Appellees.

Per Arnold Ramfjord (argued), Stoel Rives LLP, Portland, OR; Leonard J. Feldman and Jason T. Morgan , Stoel Rives LLP, Seattle, Washington; and Peter Davis Sax , Office of the United States Attorney, Tucson, AZ, for Intervenor-Defendant-Appellee Oregon Resources Corporation.

Before: ARTHUR L. ALARCÓN, MILAN D SMITH, JR., and ANDREW D. HURWITZ, Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

In 2008, Oregon Resources Corporation (ORC) applied for various state permits to mine valuable mineral sands from an area near Coos Bay, Oregon. ORC also applied for a permit from the Army Corps of Engineers (Corps) under Section 404 of the Clean Water Act (CWA), 33 U.S.C. § 1344, because the project required filling in several acres of wetland. The Corps was required to comply with the requirements of the National Environmental...

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