CENTER FOR BIOLOGICAL DIVER. v. U.S. ARMY CORPS OF ENG'RS

No. 18-10541.

941 F.3d 1288 (2019)

CENTER FOR BIOLOGICAL DIVERSITY, Manasota-88, Inc., People for Protecting Peace River, Inc., Suncoast Waterkeeper, Plaintiffs-Appellants, v. U.S. ARMY CORPS OF ENGINEERS, Todd T. Semonite, Lt. Gen., in his official capacity as Commanding General and Chief of Engineers of the U.S. Army Corps of Engineers, JASON A. KIRK, Col., in his official capacity as District Commander of the U.S. Army Corps of Engineers, U.S. Department of the Interior, David Bernhardt, in his official capacity as Secretary of the U.S. Department of the Interior, et al., Defendants-Appellees, Mosaic Fertilizer, LLC, Intervenor-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 4, 2019.


Attorney(s) appearing for the Case

Hannah Connor , Jaclyn Lopez , Elise Pautler Bennett , Rachael Curran , Center for Biological Diversity, St. Petersburg, FL, John Peter Rose , Center for Biological Diversity, Oakland, CA, for Plaintiffs-Appellants.

Jeffrey Steven Beelaert , U.S. Department of Justice Appellate Section, Environment and Natural Resources Div., Mark A. Brown , USDOJ Environmental & Natural Resources Division, Debra Carfora , Paul Cirino , U.S. Department of Justice, Environment & Natural Res. Div., Washington, DC, for Defendants-Appellees U.S. Army Corps of Engineers, Maj. Gen. Todd T. Semonite , Jason A. Kirk , U.S. Department of the Interior, Secretary, U.S. Department of the Interior.

George Peter Sibley, III , Jonathan Lee Caulder , Hunton Andrews Kurth, LLP, Richmond, VA, Kerry L. McGrath , Andrew J. Turner , Hunton Andrews Kurth, LLP, Washington, DC, Jamie Zysk Isani , Hunton Andrews Kurth, LLP, Miami, FL, Susan Lynne Stephens , Timothy Michael Riley , Amelia Savage , Hopping Green & Sams, PA, Tallahassee, FL, for Defendant-Appellee Mosaic Fertilizer, LLC.

Before ED CARNES, Chief Judge, and MARTIN and ROGERS, Circuit Judges.


Under the Clean Water Act, the Army Corps of Engineers regulates discharges into wetlands that are waters of the United States, and must consider the direct and indirect environmental effects of such discharges before issuing a permit to discharge. Mining for phosphate ore (used to make phosphoric acid that is in turn used...

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