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WILDEARTH GUARDIANS v. U.S. ARMY CORPS OF ENG.

No. 18-2153.

947 F.3d 635 (2020)

WILDEARTH GUARDIANS, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee, and Middle Rio Grande Conservancy District, Intervenor Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 17, 2020.

Attorney(s) appearing for the Case

Samantha Ruscavage-Barz ( Steven Sugarman , Cerillos, New Mexico, with her on the briefs), WildEarth Guardians, Santa Fe, New Mexico, for Appellant.

Michael T. Gray , Attorney ( Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Robert J. Lundman and Andrew A Smith , Attorneys, Environment and Natural Resources Division, and Melanie Casner , M. Leeann Summer and Elizabeth Pitrolo , Attorneys, United States Army Corps of Engineers, with him on the brief), Environment and Natural Resources Division, United States Department of Justice, Jacksonville, Florida, for Appellee.

Before TYMKOVICH, Chief Judge, PHILLIPS, and McHUGH, Circuit Judges.

This is yet another episode in the story over the Rio Grande. In the arid southwest, the Rio Grande is one of only a handful of rivers that create crucial habitat for plants, animals, and humans. And it is a fact of life that not enough water exists to meet the competing needs. Recognizing these multiple uses, Congress has...

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