United States First Circuit

The U.S. Army Corps of Engineers fully complied with its obligations under the National Environmental Policy Act when it approved a navigability permit, under section 10 of the Rivers and Harbors Act, for the construction of a data tower.

Appellate Information

• Decided 02/16/2005
• Published 02/16/2005

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Benjamin S. Sharp, with whom Donald C. Baur, Perkins Coie LLP, Franklin H. Levy and Duane Morris, LLP, were on brief, for appellants.


• For Appellees:
  
• David C. Shilton, Attorney, United States Department of Justice, with whom Thomas L. Sansonetti, Assistant Attorney General, Environment and Natural Resources Division, Gerard T. Leone, Acting United States Attorney, Anton P. Giedt, Assistant United States Attorney, Jon M. Lipshultz, John A. Bryson, and Richard Santino, of counsel, Army Corps of Engineers, Concord, MA, were on brief, for the federal appellees., Timothy J. Dacey, with whom Kurt W. Hague and Goulston & Storrs, P.C., were on brief, for appellee Cape Wind Associates, LLC.