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AMERICAN MINING CONGRESS v. U.S. ARMY CORPS

Civil Action No. 93-1754 SSH.

951 F.Supp. 267 (1997)

AMERICAN MINING CONGRESS, et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants, and National Wildlife Federation, et al., Defendant-Intervenors.

United States District Court, District of Columbia.

January 23, 1997.

Attorney(s) appearing for the Case

Albert J. Beveridge, III, David Gary Isaacs, Thomas C. Jackson, Virginia S. Albrecht, Beveridge & Diamond, Washington, DC, for American Mining Congress/American Road & Transp. Builders Assoc./National Aggregates Assoc./Nat'l Assoc. of Home Builders.

Alice Love Mattice, DOJ, Environment & Natural Resources Div., Washington, DC, for U.S. Army Corps of Engineers/Edward Dickey, Acting Assist. Sec. of Army for Civil Works/Arthur E. Williams, Chief of Engineers/Environmental Protection Agency.

Howard I. Fox, Sierra Club Legal Defense Fund, Washington, DC, for National Wildlife Federation/North Carolina Wildlife Federation/Nat'l Audubon Society/Sierra Club.

Ronald A. Zumbrun, Pacific Legal Foundation, Washington, DC, for Fairness to Landowners/Pacific Legal Foundation C'ee/National Associat of Flood and Stormwater Mgt. — movant.

Paul Douglas Kamenar, Washington Legal Foundation, Washington, DC, for Washington Legal Foundation — amicus.

OPINION

STANLEY S. HARRIS, District Judge.

This matter is before the Court on plaintiffs' motion for summary judgment, defendant-intervenors' motion for summary judgment, defendants' cross-motion for summary judgment, the parties' replies thereto, and plaintiffs' and defendants' submissions of supplemental authority. The Court also has considered the amicus curiae briefs filed by the National Association of Flood and Stormwater Management Agencies...

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