United States Tenth Circuit

Defendant's issuance of a Clean Water Act section 404 "dredge and fill" permit, authorizing the elimination of 1.45 acres of wetlands for construction of golf features and home sites, is upheld. The decision not to prepare an Environmental Impact Statement and the conclusion that the proposal was the least damaging practicable alternative were not arbitrary and capricious.

Appellate Information

• Decided 03/02/2004
• Published 03/02/2004

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before EBEL, ANDERSON, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Timothy J. Preso (Douglas L. Honnold with him on the briefs), Earthjustice, Bozeman, MT, for Plaintiffs-Appellants.


• For Appellees:
  
• Aaron P. Avila, United States Department of Justice, Environment and Natural Resources Division, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General, Washington, DC;  Matthew H. Mead, United States Attorney, Cheyenne, WY;  Carol A. Statkus, Assistant United States Attorney, Cheyenne, WY;  Jon M. Lipshultz and Ellen J. Durkee, Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, DC;  and Gary M. Henningsen and Stanley E. Tracey, of Counsel, United States Army Corps of Engineers, Omaha, NE, with him on the brief), for Defendants-Appellees Robert B. Flowers and Kurt F. Ubbelohde., Marc R. Stimpert (Franklin J. Falen and Richard W. Walden with him on the brief), Budd-Falen Law Offices, P.C., Cheyenne, WY, for Defendant-Appellee Canyon Club, Inc.