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BLACK WARRIOR RIVERKEEPER v. ARMY CORPS OF ENG'RS

No. 14-12357.

781 F.3d 1271 (2015)

BLACK WARRIOR RIVERKEEPER, INC., Defenders of Wildlife, Plaintiffs-Appellants, v. U.S. ARMY CORPS OF ENGINEERS, Lt. General Thomas P. Bostick, U.S. Army Corps of Engineers, Col. Jon Chytka, U.S. Army Corps of Engineers, Mobile District, Defendants-Appellees, Alabama Coal Association, MS & R Equipment Co., Inc., Reed Minerals, Inc., et al., Intervenors-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 23, 2015.

Attorney(s) appearing for the Case

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

Michael Thomas Gray , U.S. Department of Justice c/o U.S. Army Corps of Engineers Office of Counsel, Jacksonville, FL, Paul Cirino , U.S. Department of Justice, Leslie M. Hill , U.S. Department of Justice ENRD, Washington, DC, Jenny Lynn Smith , U.S. Attorney's Office, Joel Iverson Gilbert , Adam Kent Israel , David Welles Mitchell , Balch & Bingham, LLP, Birmingham, AL, Ruth Ann Storey , Washington, DC, for Defendants-Appellees.

Before HULL and MARCUS, Circuit Judges, and TOTENBERG, District Judge.

In this complex environmental case, plaintiffs Black Warrior Riverkeeper and Defenders of Wildlife appeal from the district court's grant of final summary judgment to the U.S. Army Corps of Engineers, as well as to the Alabama Coal Association and several mining companies, which intervened in the proceedings below.

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