SIERRA CLUB, INC. v. BOSTICK

No. 14-6099.

787 F.3d 1043 (2015)

SIERRA CLUB, INC., Clean Energy Future Oklahoma, East Texas Sub Regional Planning Commission, Plaintiffs-Appellants, v. Lieutenant General Thomas P. BOSTICK, in his official capacity as Commanding General and Chief of Engineers of the U.S. Army Corps of Engineers; Major General Michael J. Walsh, in his official capacity as U.S. Army Commanding General for Civil and Emergency Operations; Colonel Richard Pratt, in his official capacity as Tulsa District Commander of U.S. Army Corps of Engineers; Colonel Richard Parnell, in his official capacity as Galveston District Engineer of the U.S. Army Corps of Engineers; United States Army Corps of Engineers, Defendants-Appellees, and TransCanada Keystone Pipeline LP, a Delaware limited partnership; TransCanada Corporation, a Canadian public company; Interstate Natural Gas Association, American Gas Association, Association of Oil Pipe Lines, American Petroleum Institute, Utility Water Act Group, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

May 29, 2015.


Attorney(s) appearing for the Case

Douglas P. Hayes , Sierra Club, Boulder, CO ( Eric E. Huber , Sierra Club, Boulder, CO, with him on the briefs), for Appellants.

David C. Shilton , U.S. Department of Justice, Washington, D.C. ( Sam Hirsch , Acting Assistant Attorney General, Michele Walter, Maureen E. Rudolph , and Ty Bair , U.S. Department of Justice, Washington, D.C.; and Ann P. Navaro , Assistant Chief Counsel and Milton S. Boyd , Assistant Counsel, U.S. Army Corps of Engineers, with him on the brief), for Appellees.

Peter R. Steenland , Sidley Austin LLP, Washington, D.C. ( Lauren C. Freeman , Lisa E. Jones , Sidley Austin LLP, Washington, D.C.; and Deidre G. Duncan , Andrew J. Turner , and Karma B. Brown , Hunton & Williams LLP, Washington, D.C., with him on the brief), for Intervenors-Appellees.

Before BACHARACH, Circuit Judge, BALDOCK, Senior Circuit Judge, and McHUGH, Circuit Judge.


This case involves the authority of the U.S. Army Corps of Engineers to issue nationwide permits under § 404(e) of the Clean Water Act. These permits authorize activities involving discharge of dredged or fill material in U.S. waters and wetlands. See 33 U.S.C. § 1344(e) (2012). Exercising this permitting...

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