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United States Third Circuit


RAYMOND PROFFITT FOUND. v. U.S. ARMY CORPS OF ENG'RS, 02-3565

Using the broad deference that Congress granted to defendant in executing the environmental mission of the Water Resources Development Act of 1990, plaintiff has failed to demonstrate that defendant has unlawfully delayed or withheld agency action or otherwise been arbitrary, capricious, or in violation of law.

Appellate Information

  • Argued 07/09/2003
  • Decided 09/03/2003
  • Published 09/03/2003

Judges

  • Before NYGAARD, SMITH, Circuit Judges, and IRENAS, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • John Wilmer (argued), Media, PA, for Appellants.

  • For Appellees:
  • Karen L. Tomlinson, Office of United States Attorney, Philadelphia, PA, Anna T. Katselas (argued), Silvia Sepulveda-Hambor, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees.
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