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WHITE v. UNITED STATES ENVIRONMENTAL PROTECTION

No. 2:24-CV-00013-BO.

737 F.Supp.3d 310 (2024)

Robert D. WHITE, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendant.

United States District Court, E.D. North Carolina, Northern Division.

Filed June 18, 2024.

Attorney(s) appearing for the Case

Damien M. Schiff, Charles Timothy Yates, Pacific Legal Foundation, Sacramento, CA, Paige Elizabeth Gilliard, Pacific Legal Foundation, Arlington, VA, I. Clark Wright Jr., Samantha E. Hamilton, Davis Hartman Wright PLLC, New Bern, NC, for Plaintiff.

Elliot Higgins, Jin Hyung Lee, Sarah Izfar, DOJ-Enrd, Environment & Natural Resources Division, Washington, DC, Sonya Shea, DOJ-Enrd, Denver, CO, Andrew J. Doyle, United States Department of Justice, Environment & Natural R, San Francisco, CA, Andrew A. Kasper, United States Attorney's Office, Raleigh, NC, for Defendants United States Environmental Protection Agency, Michael S. Regan, United States Army Corps of Engineers, Lieutenant General Scott A. Spellmon, Michael L. Connor, United States of America.

Derb S. Carter Jr., Julia F. Youngman, Southern Environmental Law Center, Chapel Hill, NC, Mark E. Sabath, Southern Environmental Law Center, Washington, DC, for Defendants National Wildlife Federation, North Carolina Wildlife Federation.

ORDER

This case is about "adjacent" wetlands and their place within the "waters of the United States" as those terms are understood in the Clean Water Act (CWA or the Act). 33 U.S.C. § 1251 et seq. Last year in Sackett v. EPA, 598 U.S. 651, 143 S.Ct. 1322, 215 L.Ed.2d...

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