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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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