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BLACK WARRIOR RIVERKEEPER v. ARMY CORPS OF ENG'RS

Case No. 2:13-CV-02136-WMA.

23 F.Supp.3d 1373 (2014)

BLACK WARRIOR RIVERKEEPER, INC., et al., Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants. The Alabama Coal Association, et al., Intervenor-Defendants.

United States District Court, N.D. Alabama, Southern Division.

Signed May 21, 2014.

Attorney(s) appearing for the Case

Eva L. Dillard , Black Warrior Riverkeeper, Inc., Birmingham, AL, James M. Hecker , Public Justice, Michael Paul Senatore , Defenders of Wildlife, Washington, DC, Catherine Wannamaker, Atlanta, GA, for Plaintiffs.

Paul Cirino , Leslie M. Hill , U.S. Department of Justice, Ruth Ann Storey , U.S. Department of Justice, Environment & Natural Resources, Washington, DC, for Defendants.

Adam Kent Israel , David R. Boyd , Joel I. Gilbert , P.S. Gidiere, III , Balch & Bingham LLP, Birmingham, AL, for Intervenor-Defendants.

MEMORANDUM OPINION

Plaintiffs instituted this action to challenge the 2012 reissuance of Nationwide Permit 21 ("NWP 21"), a five-year general permit issued pursuant to the Clean Water Act, 33 U.S.C. § 1344(e) ("CWA"). NWP 21 authorizes surface coal mining operations to discharge dredged...

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