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S.C. COASTAL CONSERVATION v. U.S. ARMY CORPS

No. 14-1796.

789 F.3d 475 (2015)

SOUTH CAROLINA COASTAL CONSERVATION LEAGUE, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Charleston District; SA John M. McHugh, in his official capacity as the Secretary of the U.S. Army; LTG Thomas P. Bostick, in his official capacity as Chief of Engineers; United States Environmental Protection Agency; Gina McCarthy, in her official capacity as Administrator of the U.S. Environmental Protection Agency; Heather McTeer Toney, in her official capacity as Regional Administrator, Region IV, U.S. Environmental Protection Agency; South Coast Mitigation Group LLC; LTC John T. Litz, in his official capacity as Commander of the Charleston District, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 17, 2015.

Attorney(s) appearing for the Case

ARGUED: Catherine Moore Wannamaker , Southern Environmental Law Center, Atlanta, Georgia, for Appellant. Robert Lundman , United States Department of Justice, Washington, D.C.; Stanley E. Barnett , Smith, Bundy, Bybee & Barnett, P.C., Mount Pleasant, South Carolina, for Appellees. ON BRIEF: Christopher K. DeScherer , Heather A. Murray , Southern Environmental Law Center, Charleston, South Carolina, for Appellant. John C. Cruden , Assistant Attorney General, Aaron P. Avila , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Federal Appellees. Ellison P. Smith, IV , Smith, Bundy, Bybee & Barnett, P.C., Mount Pleasant, South Carolina, for Appellee South Coast Mitigation Group, LLC.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion in which Judge GREGORY and Judge HARRIS joined.

South Carolina Coastal Conservation League (the League) is the plaintiff/appellant in this case. The League, headquartered in Charleston, South Carolina, is a non-profit corporation founded in 1989 under South Carolina law. It currently has approximately 5,000 members. The League's self-described "mission is to protect...

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