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NAT'L AUDUBON SOCIETY v. U.S. ARMY CORPS OF ENG'GS

No. 19-2151.

991 F.3d 577 (2021)

NATIONAL AUDUBON SOCIETY, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel Robert J. Clark, in his official capacity as District Commander of the Wilmington District; The Town of Ocean Isle Beach, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2021.

Attorney(s) appearing for the Case

ARGUED: Leslie Griffith , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellant. Eric Allen Grant , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Todd S. Roessler , KILPATRICK TOWNSEND & STOCKTON LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: Geoffrey Gisler , Kimberley Hunter , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellant. Jeffrey Bossert Clark , Assistant Attorney General, Martin F. McDermott , Claudia Antonacci Hadjigeorgiou , Andrew Coghlan , Sommer H. Engels , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Carl E. Pruitt Jr. , Melanie L. Casner , UNITED STATES ARMY CORPS OF ENGINEERS, Washington, D.C., for Appellee United States Army Corps of Engineers. Joseph S. Dowdy , Phillip A. Harris, Jr. , KILPATRICK TOWNSEND & STOCKTON LLP, Raleigh, North Carolina, for Appellee Town of Ocean Isle Beach.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Chief Judge Gregory and Judge Richardson joined.

The U.S. Army Corps of Engineers granted the Town of Ocean Isle Beach, North Carolina, a permit to construct on its shoreline a "terminal groin" — a jetty extending seaward perpendicular to the shoreline — to arrest chronic erosion of its beaches. The Corps supported its action with the issuance of an Environmental...

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