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FRIENDS SANTA CLARA RIVER v. U.S. ARMY CORPS.

No. 15-56337.

887 F.3d 906 (2018)

FRIENDS OF the SANTA CLARA RIVER; Santa Clarita Organization for Planning the Environment, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Kimberly Colloton, in her official capacity as Commander and District Engineer of the Los Angeles District of the U.S. Army Corps of Engineers, Defendants-Appellees, and The Newhall Land and Farming Company, a California limited partnership, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 23, 2017.

Resubmitted April 2, 2018 Pasadena, California.

Filed April 9, 2018.

Attorney(s) appearing for the Case

John Buse (argued) and Aruna Prabhala , Center for Biological Diversity, Oakland, California; Dean Wallraff , Advocates for the Environment, Shadow Hills, California; for Plaintiffs-Appellants.

Anna Katselas (argued), Lesley Lawrence-Hammer , Norman L. Rave , Devon Lehman McCune , Jennifer Scheller Neumann , and Andrew C. Mergen , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

James F. Rusk (argued) and Robert J. Uram , Sheppard Mullin Richter & Hampton LLP, San Francisco, California; David P. Hubbard v. Mark J. Dillon , Gatzke Dillon & Ballance LLP, Carlsbad, California; Miriam A. Vogel , Morrison and Foerster LLP, Los Angeles, California; for Intervenor-Defendant-Appellee.

Before: Andrew J. Kleinfeld, Sandra S. Ikuta, and Jacqueline H. Nguyen, Circuit Judges.

OPINION

Under Section 404 of the Clean Water Act, 33 U.S.C. § 1344, the U.S. Army Corps of Engineers (Corps) may issue permits authorizing the discharge of dredged or fill material into the navigable waters of the United States. In this case, we consider challenges to the Corps's issuance of a Section 404 permit...

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