DELAWARE RIVERKEEPER v. U.S. ARMY CORPS OF ENG'RS

No. 17-1506.

869 F.3d 148 (2017)

DELAWARE RIVERKEEPER NETWORK; Maya Van Rossum, the Delaware Riverkeeper, Petitioners v. UNITED STATES ARMY CORPS OF ENGINEERS, Respondent. Tennessee Gas Pipeline Co., Intervenor.

United States Court of Appeals, Third Circuit.

(Filed: August 23, 2017).


Attorney(s) appearing for the Case

Aaron J. Stemplewicz [ARGUED], Delaware Riverkeeper Network, 925 Canal Street, Suite 3701, Bristol, PA 19007, Counsel for Petitioners.

Varu Chilakamarri [ARGUED], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7415, Washington, DC 20044, Michael T. Gray , United States Department of Justice, Army Corps of Engineers, 701 San Marco Boulevard, Jacksonville, FL 32207, David C. Shilton , United States Department of Justice, Environment & Natural Resources Division, P.O. Box 23795, L'Enfant Plaza Station, Washington, DC 20026, Counsel for Respondent.

Pamela S. Goodwin , Saul Ewing, 650 College Road East, Suite 4000, Princeton, NJ 08540, Patrick F. Nugent , John F. Stoviak [ARGUED], Saul Ewing, 1500 Market Street, Centre Square West, 38th Floor, Philadelphia, PA 19102, Elizabeth U. Witmer , Saul Ewing, 1200 Liberty Ridge Drive, Wayne, PA 19087, Counsel for Intervenor Respondent.

Before: SMITH, Chief Judge, NYGAARD, and FUENTES, Circuit Judges.


OPINION OF THE COURT

Tennessee Gas Pipeline Co. ("Tennessee Gas") submitted applications to several federal and state agencies seeking approval to build an interstate pipeline project. One such agency is the United States Army Corps of Engineers,1 which administers certain provisions of...

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