SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENG'RS

No. 20-2195.

997 F.3d 395 (2021)

SIERRA CLUB; Natural Resources Council of Maine; Appalachian Mountain Club, Plaintiffs, Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Colonel John A. Atilano, II, Commander and District Engineer, in his official capacity; Jay L. Clement, Senior Project Manager, in his official capacity; Central Maine Power Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 13, 2021.


Attorney(s) appearing for the Case

Kevin Cassidy , with whom Earthrise Law Center was on brief, for appellants.

Jeffrey A. Hall , with whom Jean E. Williams , Acting Assistant Attorney General, Jennifer S. Neumann , and Amelia G. Yowell were on brief, for appellees United States Army Corps of Engineers, John A. Atilano II, and Jay L. Clement.

Joshua D. Dunlap , with whom Matthew D. Manahan , Lisa Gilbreath , Portland, ME, and Pierce Atwood LLP were on brief, for appellee Central Maine Power Company.

Kevin Poloncarz , Donald L. Ristow , San Francisco, CA, Lindsay Brewer , Washington, DC, and Covington & Burling LLP on brief for amici curiae Calpine Corporation, Nextera Energy Resources, LLC, and Vista Corp.

Shaun A. Goho and the Emmett Environmental Law & Policy Clinic on brief for amici curiae Environmental Law Clinic Directors.

Anthony W. Buxton , Augusta, ME, Jonathan G. Mermin , Portland, ME, and Preti Flaherty on brief for amicus curiae Industrial Energy Consumer Group.

P. Andrew Hamilton , Timothy C. Woodcock , Bangor, ME, and Eaton Peadbody, P.A. on brief for amicus curiae H.Q. Energy Services (U.S.) Inc.

Before Lynch, Thompson, and Barron, Circuit Judges.


Plaintiff environmental organizations appeal from the district court's denial of preliminary injunctive relief barring construction of Segment 1 of a planned five-segment electric transmission power corridor in Maine. This was part of a larger project which would run from Quebec, Canada to Massachusetts. See Sierra...

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