The STATE of Colorado, Plaintiff-Appellee,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Jane Nishida, in her official capacity as Acting Administrator of the U.S. Environmental Protection Agency; U.S. Army Corps of Engineers; Vance F. Stewart, III, in his official capacity as the Senior Official Performing the Duties of Assistant Secretary of the Army for Civil Works, Defendants-Appellants, and
Chantell Sackett; Michael Sackett; American Farm Bureau Federation; American Petroleum Institute; American Road and Transportation Builders Association; Chamber of Commerce of the United States of America; Leading Builders of America; National Alliance of Forest Owners; National Association of Home Builders; National Cattlemen's Beef Association; National Corn Growers Association; National Mining Association; National Pork Producers Council; National Stone, Sand, and Gravel Association; Public Lands Council; U.S. Poultry & Egg Association; Amigos Bravos; New Mexico Acequia Association; Gila Resources Information Project, Intervenor Defendants-Appellants.
Colorado Water Congress; Colorado Farm Bureau; Colorado Dairy Farmers; Colorado Pork Producers Council; Colorado Livestock Association; Colorado Cattlemen's Association; Colorado Corn Growers Association; Navajo Nation; Amigos Bravos; New Mexico Acequia Association; Gila River Resources Information Project; Institute for Policy Integrity; Western Resource Advocates; Conservation Colorado, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Filed March 2, 2021.
Filed March 2, 2021.
Attorney(s) appearing for the Case
Jonathan D. Brightbill , Deputy Assistant Attorney General, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C. ( Jeffrey Bossert Clark , Assistant Attorney General; Eric Grant , Deputy Assistant Attorney General; and Brian C. Toth and Robert J. Lundman , Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; and Matthew Z. Leopold , General Counsel; David Fotouhi , Principal Deputy General Counsel, U.S. Environmental Protection Agency; and Craig Schmauder , Deputy General Counsel, Department of the Army; and David R. Cooper , Chief Counsel, U.S. Army Corps of Engineers, with him on the briefs), for Defendants-Appellants.
Glenn E. Roper , Pacific Legal Foundation, Highlands Ranch, Colorado ( Anthony L. Francois and Charles T. Yates , Pacific Legal Foundation, Sacramento, California, with him on the briefs), for Intervenor Defendants-Appellants Chantell and Michael Sackett.
Timothy S. Bishop ( Brett E. Legner and Colleen M. Campbell , with him on the briefs), Mayer Brown, Washington, D.C., for Intervenor Defendants-Appellants American Farm Bureau Federation; American Petroleum Institute; American Road and Transportation Builders Association; Chamber of Commerce of the United States of America; Leading Builders of America; National Alliance of Forest Owners; National Association of Home Builders; National Cattlemen's Beef Association; National Corn Growers Association; National Mining Association; National Pork Producers Council; National Stone, Sand, and Gravel Association; Public Lands Council; and U.S. Poultry & Egg Association.
Stephen H. Leonhardt , Scott A. Clark , April D. Hendricks , and Kole W. Kelley , Burns, Figa & Will, P.C., Greenwood Village, Colorado, filed an amicus brief on behalf of Colorado Farm Bureau, Colorado Dairy Farmers, Colorado Pork Producers Council, Colorado Livestock Association, Colorado Cattlemen's Association, and Colorado Corn Growers Association.
Joro Walker , Western Resource Advocates, Boulder, Colorado, filed an amicus brief on behalf of Western Resource Advocates and Conservation Colorado.
Before McHUGH, BALDOCK, and EID, Circuit Judges.
BALDOCK, Circuit Judge.
These are consolidated appeals about what are the "waters of the United States." That statutory phrase—a key component of the Clean Water Act—has been the subject of ongoing debate for nearly five decades. Yet the meaning of the phrase, which the Act does not define, remains elusive and unpredictable. In April...
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