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SAN FRANCISCO BAY CONSERVATION v. U.S. ARMY CORPS

No. 20-15576.

8 F.4th 839 (2021)

SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION, Plaintiff-Appellant, San Francisco Baykeeper, Intervenor-Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; Todd T. Semonite, in his official capacity; John D. Cunningham, in his official capacity; Rickey Dale James, Assistant Secretary of the Army for Civil Works, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2021.

Attorney(s) appearing for the Case

Tara L. Mueller (argued), Deputy Attorney General; David G. Anderson , Supervising Deputy Attorney General; Daniel A. Olivas , Senior Assistant Attorney General; Attorney General's Office, Oakland, California; Marc A. Zeppetello , Chief Counsel, San Francisco Bay Conservation and Development Commission, San Francisco, California; for Plaintiff-Appellant. Nicole C. Sasaki (argued), Staff Attorney, San Francisco Baykeeper Inc., Oakland, California, for Intervenor-Plaintiff-Appellant.

Ellen J. Durkee (argued), Leslie M. Hill , and Jacqueline M. Leonard , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Melanie L. Casner and Roselyn J. Wang , Attorneys, United States Army Corps of Engineers, Washington, D.C.; for Defendants-Appellees.

Before: Mary M. Schroeder, Milan D. Smith, Jr., and Lawrence VanDyke, Circuit Judges.

OPINION

INTRODUCTION

This case illustrates how the San Francisco Bay Area's economic and environmental destinies are entrusted to multiple governmental agencies, state and federal, and how those agencies must resolve difficult issues when one agency proposes to take action impacting the interests of...

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