United States Ninth Circuit

In an action to enjoin the Army Corps of Engineers' grant of a permit to fill certain ephemeral washes, summary judgment for Defendants is reversed where the Corps' finding of no impact was made on the basis of too narrow a scope of analysis, due to the Corps' failure to issue an Environmental Impact Statement.

Appellate Information

• Argued 10/21/2008
• Decided 04/29/2009
• Published 04/29/2009

Judges

• SCHROEDER, Circuit Judge:, Before:  MARY M. SCHROEDER, D.W. NELSON and STEPHEN REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joy E. Herr, Tucson, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Mark Haag, Washington, DC, for the defendants-appellees.