AUDUBON SOCIETY OF GREATER DENVER v. UNITED STATES ARMY CORPS

No. 18-1004.

908 F.3d 593 (2018)

AUDUBON SOCIETY OF GREATER DENVER, Petitioner-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Respondent-Appellee, and Castle Pines Metropolitan District; Castle Pines North Metropolitan District; Centennial Water and Sanitation District; Center of Colorado Water Conservancy District; Central Colorado Water Conservancy District; Town of Castle Rock; Colorado Department of Natural Resources, Intervenors Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED November 5, 2018.


Attorney(s) appearing for the Case

Kevin Lynch , Environmental Law Clinic, University of Denver, Sturm College of Law, Denver, Colorado, appearing for Appellant.

Sommer H. Engels , Attorney, Environment and Natural Resources Division, United States Department of Justice, Washington, DC ( Jeffrey H. Wood , Acting Assistant Attorney General, United States Department of Justice, Washington, DC; Eric Grant , Deputy Assistant Attorney General, United States Department of Justice, Washington, DC; Jennifer Scheller Neumann , Michael Gray , Phillip R. Dupre , Dustin J. Maghamfar , Attorneys, Environment and Natural Resources Division, United States Department of Justice, Washington, DC; Catherine E. Grow , Of Counsel, Office of Counsel, United States Army Corps of Engineers, Omaha District, Omaha, Nebraska; Daniel Inkelas , Of Counsel, Office of the Chief Counsel, United States Army Corps of Engineers, with her on the brief), appearing for Appellee United States Army Corps of Engineers.

Cynthia H. Coffman , Attorney General, Denver, Colorado, and Scott Steinbrecher , Assistant Solicitor General, Denver, Colorado, on the brief for Appellee Colorado Department of Natural Resources.

Bennett W. Raley , Deborah L. Freeman , William Davis Wert , and Trout Raley, Denver, Colorado, on the brief for Appellees Castle Pines Metropolitan District, Castle Pines North Metropolitan District, Centennial Water and Sanitation District, Center of Colorado Water Conservancy District, Central Colorado Water Conservancy District, and Town Of Castle Rock.

Before BRISCOE, LUCERO, and MATHESON, Circuit Judges.


This is an Administrative Procedure Act challenge to the Army Corps of Engineers' approval of a project to store more water in the Chatfield Reservoir in Colorado. Petitioner Audubon Society of Greater Denver sought review of the Corps' decision, arguing that the Corps' review and approval of the project failed to comply...

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