LOUISIANA STATE v. U.S. ARMY CORPS OF ENGINEERS

No. 15-30962.

834 F.3d 574 (2016)

LOUISIANA STATE, through the Coastal Protection and Restoration Authority Board and the Coastal Protection and Restoration Authority, Plaintiff-Appellee v. UNITED STATES ARMY CORPS OF ENGINEERS; Richard L. Hansen, Colonel, in his official capacity as District Commander for the New Orleans District of the United States Army Corps of Engineers; Michael C. Wehr, Major, in his official capacity as Commander for the Mississippi Valley Division of the United States Army Corps of Engineers; Thomas P. Bostick, Lieutentant General, in his official capacity as Chief of Engineers and Commanding General of the United States Army Corps of Engineers; Steven L. Stockton, in his official capacity as Director of Civil Works of the United States Army Corps of Engineers; Jo-Ellen Darcy, in her official capacity as Assistant Secretary of the Army (Civil Works), Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 23, 2016.


Attorney(s) appearing for the Case

David Alexander Peterson, Esq. , Deputy General Counsel, Coastal Protection & Restoration Authority of Louisiana, Duncan Stuart Kemp, IV, Esq. , Assistant Attorney General, Ryan Michael Seidemann, Esq. , Louisiana Department of Justice, Baton Rouge, LA 70802, for Plaintiff-Appellee.

Brian C. Toth , U.S. Department of Justice, Environment & Natural Resources Division — Appellate Section, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044-7415, Matthew M. Marinelli , U.S. Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-7611, for Defendants-Appellants.

Before DAVIS, JONES, and GRAVES, Circuit Judges.


Following Hurricane Katrina, in which the breach of the Mississippi River-Gulf Outlet ("MR-GO") channel caused massive flooding, Congress directed the U.S. Army Corps of Engineers ("Corps") to close the MR-GO as a federal navigation project and restore the surrounding ecosystem. To implement Congress's 2007 mandate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases