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DNREC. v. U.S. ARMY CORP OF ENGINEERS

Civ. No. 09-821-SLR.

722 F.Supp.2d 535 (2010)

STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, Plaintiff, v. UNITED STATES ARMY CORP OF ENGINEERS (USACOE), the Honorable John McHugh, Secretary of the Army, in his official capacity, the Honorable Jo-Ellen Darcy, Assistant Secretary of the Army, in her official capacity, Lt. Gen. Robert L. Van Antwerp, Jr., Commander, USACOE, in his official capacity and Lt. Col. Thomas Tickner, Commander, USACOE, in his official capacity, Defendants.

United States District Court, D. Delaware.

July 15, 2010.

Attorney(s) appearing for the Case

Joseph R. Biden, III , Attorney General, Jennifer D. Olivia , Deputy Attorney General, Kevin P. Maloney , Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for Plaintiff.

Ignacia S. Moreno , Environment and Natural Resources Division, Kent E. Hanson , Environmental Defense Section, and Kristofor R. Swanson , Natural Resources Section, United States Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

This action follows the decision of the United States Army Corps of Engineers ("the Corps") to proceed with the deepening of the Delaware River pursuant to its Delaware River Main Stem and Channel Deepening Project ("the Deepening Project"). According to the Deepening Project, the Corps will dredge a portion of the Delaware...

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