SAVE THE COLORADO v. SPELLMON

No. 21-1155.

50 F.4th 954 (2022)

SAVE THE COLORADO, a Colorado nonprofit corporation; the Environmental Group, a Colorado nonprofit corporation; WildEarth Guardians, a nonprofit corporation; Living Rivers, a nonprofit corporation; Waterkeeper Alliance, a nonprofit corporation; Sierra Club, a nonprofit corporation, Petitioners-Appellants, v. Lieutenant General Scott A. SPELLMON, in his official capacity as the Chief of the U.S. Army Corps of Engineers; Debra Haaland, in her official capacity as Secretary of the Interior; Martha Williams, in her official capacity as the Principal Deputy Director, exercising the authority of Acting Director of the U.S. Fish and Wildlife Service, Respondents-Appellees, and City and County of Denver, acting by and through its Board of Water Commissioners (Denver Water), Intervenor/Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED September 30, 2022.


Attorney(s) appearing for the Case

William S. Eubanks II ( Matthew R. Arnold , with him on the briefs), Eubanks & Associates, PLLC, Washington, DC, for the Petitioners-Appellants.

Justin D. Heminger , Attorney, U.S. Department of Justice, Environment and Natural Resources Division ( Todd Kim , Assistant Attorney General, U.S. Department of Justice, Environment and Natural Resources Division; Sara E. Costello and Ellen J. Durkee , Attorneys; Milton Boyd and Melanie Casner , Attorneys, U.S. Army Corps of Engineers; Kristen C. Guerriero , Attorney, U.S. Department of the Interior, with him on the briefs), Washington, DC, for the Respondents-Appellees.

Amanda Shafer Berman , Crowell & Moring LLP ( David Y. Chung and Elizabeth B. Dawson , Crowell & Moring LLP; Jessica R. Brody and Nicholas A. DiMascio , Denver Water , Office of the General Counsel, with her on the briefs), Washington, DC, for the Intervenor-Respondent-Appellee.

Before BACHARACH, MURPHY, and CARSON, Circuit Judges.


This case arises out of a regulatory dispute involving a hydroelectric project. The project aimed to boost a municipality's water supply. To obtain more water, the municipality proposed to raise a local dam and expand a nearby reservoir. But implementation of the proposal would require amendment of the municipality's license...

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