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TIN CUP, LLC v. U.S. ARMY CORPS OF ENGINEERS

No. 17-35889.

904 F.3d 1068 (2018)

TIN CUP, LLC, an Alaska limited liability company, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2018.

Attorney(s) appearing for the Case

Jeffrey W. McCoy (argued), Damien M. Schiff , and James S. Burling , Pacific Legal Foundation, Sacramento, California, for Plaintiff-Appellant.

John D. Gunter II , (argued), Michael T. Gray , and Amanda S. Berman , Trial 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 Defendant-Appellee.

Concurrence by Judge Bea.

OPINION

In this case, we consider what should be considered the growing season in Alaska's permafrost and, specifically, whether language in a 1993 appropriations act requires the U.S. Army Corps of Engineers (the "Corps") to continue to use a 1987 guidance manual for delineating wetlands under the Clean Water Act...

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