FRIENDS OF CHANNEL v. U.S. ARMY CORPS OF ENGINEERS

No. 17-40259.

FRIENDS OF LYDIA ANN CHANNEL, Plaintiff-Appellee, v. UNITED STATES ARMY CORPS OF ENGINEERS; LIEUTENANT GENERAL TODD T. SEMONITE, in his official capacity, Commanding General and Chief of Engineers, United States Army Corps of Engineers; COLONEL LARS N. ZETTERSTROM, in his official capacity, District Engineer and Commanding Officer, Galveston District, United States Army Corps of Engineers; KIM MCLAUGHLIN, in her official capacity, Chief Regulatory Division, Galveston District, United States Army Corps of Engineers, Defendants-Appellees, v. LYDIA ANN CHANNEL MOORINGS, L.L.C., Intervenor Defendant — Appellant.

United States Court of Appeals, Fifth Circuit.

Filed August 9, 2017.


Attorney(s) appearing for the Case

Lance G. Duke , for Defendant-Appellee.

Robert Joel Lundman , for Defendant-Appellee.

Michael A. Heidler , for Plaintiff-Appellee.

Michael A. Heidler , for Intervenor Defendant-Appellant.

Alton Lee Rigby , for Intervenor Defendant-Appellant.

Matthew Birk Baumgartner , for Plaintiff-Appellee.

Matthew Littleton , for Defendant-Appellee.

Conor Paul McEvily , for Intervenor Defendant-Appellant.

Zach Howe , for Intervenor Defendant-Appellant.

David Patterson Smith, Jr. , for Plaintiff-Appellee.

Frederick Harter Turner , for Defendant-Appellee.

Before: JONES, CLEMENT, and ELROD, Circuit Judges.


The Friends of Lydia Ann Channel obtained a preliminary injunction stopping the operations of a barge fleeting facility that was approved by the U.S. Army Corps of Engineers and commenced operations in early 2015. Friends persuaded the district court in March 2017 to order this extraordinary...

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