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PIEDMONT ENVIRONMENTAL COUNCIL v. FLOWERS

No. CIV.A.3:02 CV 34.

319 F.Supp.2d 678 (2004)

PIEDMONT ENVIRONMENTAL COUNCIL, et al., Plaintiffs, v. Lieutenant General Robert B. FLOWERS, Chief Engineer and Commander, United States Army Corps of Engineers, et al., Defendants.

United States District Court, N.D. West Virginia, At Martinsburg.

March 31, 2004.

Attorney(s) appearing for the Case

Thomas R. Michael, Clarksburg, WV, Andrea C. Ferster, Washington, DC, for Plaintiffs.

Alan G. McGonigal, AUSA, United States Attorney, Wheeling, WV, Pamela S. West, Washington, DC, Sheila D. Jones, William G. Malley, Ian Shavitz, Akin, Gump, Strauss, Hauer & Feld, LLP, David J. Kaplan, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND MOTION IN LIMINE

BROADWATER, District Judge.

I. Introduction

Plaintiffs Piedmont Environmental Council, Route 9 Opposition Legal Fund, West Virginia Rivers Coalition, Friends of Summit Point, Nancy Wilson, and John Porter ("Plaintiffs"), filed this action in this Court on April 23, 2002, against Lieutenant General Robert B. Flowers, Chief of Engineers...

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