ATCHAFALAYA BASINKEEPER v. US ARMY CORPS OF ENG'RS

No. 18-30257.

894 F.3d 692 (2018)

ATCHAFALAYA BASINKEEPER; Louisiana Crawfish Producers Association-West; Gulf Restoration Network; Waterkeeper Alliance; Sierra Club, and its Delta Chapter, Plaintiffs-Appellees v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellant Bayou Bridge Pipeline, L.L.C.; Stupp Brothers, Incorporated, doing business as Stupp Corporation, Intervenor Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 6, 2018.


Attorney(s) appearing for the Case

Jan Erik Hasselman , Jaimini Parekh , Earthjustice, Seattle, WA, Alisa Ann Coe, Esq. , Earthjustice, Tallahassee, FL, for Plaintiffs-Appellees.

James Maysonett , Trial Attorney, Environment & Natural Resources Division-Appellate Section RFK-2633, Washington, DC, Tyler McVeigh Alexander , Judith E. Coleman , Eileen Therese McDonough , Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Susan Connella Amundson, Esq. , Mary Patricia Jones , Assistant U.S. Attorneys, U.S. Attorney's Office, Middle District of Louisiana, Baton Rouge, LA, for Defendant-Appellant UNITED STATES ARMY CORPS OF ENGINEERS.

Miguel Angel Estrada , David Debold, Esq. , William S. Scherman, Esq. , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, James Conner Percy, Esq. , Jones Walker, L.L.P., Baton Rouge, LA, for Intervenor Defendant-Appellant BAYOU BRIDGE PIPELINE, L.L.C.

Richard B. Walsh, Jr. , Edward Pivin , Lewis Rice, L.L.C., Saint Louis, MO, William C. Kaufman, III , Seale, Smith, Zuber & Barnette, L.L.P., Baton Rouge, LA, for Intervenor Defendant-Appellant STUPP BROTHERS, INCORPORATED.

Before REAVLEY, JONES, and GRAVES, Circuit Judges.


The United States Army Corps of Engineers (the "Corps") and Bayou Bridge Pipeline, LLC ("Bayou Bridge," a convenience that includes co-appellant Stupp Brothers, Inc.), appeal the district court's grant of a preliminary injunction preventing Bayou Bridge from constructing a pipeline in part through the Atchafalaya Basin...

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