O'REILLY v. U.S. ARMY CORPS OF ENGINEERS

No. 04-31026.

477 F.3d 225 (2007)

Loretto O'REILLY, Jr., et al., Plaintiffs-Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellant, Eric A. Bopp, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 2007.


Attorney(s) appearing for the Case

Adam Lawrence Babich (argued), Tulane University School of Law, Karla Raettig, Tulane University Environmental Law Clinic, New Orleans, LA, for Plaintiffs-Appellees.

Jennifer Lynn Scheller (argued), Devon M. Lehman, U.S. Dept. of Justice, Environment & Natural Resouces Div., Washington, DC, for U.S. Army Corps of Engineers.

Walter R. Woodruff, New Orleans, LA, Stanley A. Millan (argued), Jones Walker, Baton Rouge, LA, for Bopp.

Before DAVIS and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

Plaintiffs, residents of St. Tammany Parish, Louisiana, who allege that the environment surrounding their dwellings, businesses, and recreational areas will be unlawfully harmed by a residential subdivision developer's dredging and filling of wetlands, challenge the United States Army Corps of Engineers' ("the Corps") Finding Of No Significant Impact ("FONSI") on the environment under the National Environmental Policy Act of 1969 ("NEPA"), 42...

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