Legal Opinion

O'Reilly v. United States Army Corps of Engineers

Court of Appeals for the Fifth Circuit

Decided January 25, 2007No. 04-31026PublishedCited by 50 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

Plaintiffs, residents of St. Tammany Parish, Louisiana, who allege that the environment surrounding their dwellings, businesses, and recreational areas will be unlawfully harmed by a residential subdivision developer’s dredging and filling of wetlands, challenge the United States Army Corps of Engineers’ (“the Corps”) Finding Of No Significant Impact (“FON-SI”) on the environment under the National Environmental Policy Act of 1969 (“NEPA”), 42 U.S.C. §§ 4321-4370f, which resulted in the Corps’s issuance of a permit to dredge and fill wetlands to the developer under § 404…

2Cases cited33 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  4. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  5. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989

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3Cited by50 opinions

  1. Ohio Valley Environmental Coalition v. Aracoma Coal Co.Court of Appeals for the Fourth Circuit · 2009
  2. Center for Biological Diversity v. National Highway Traffic Safety AdministrationCourt of Appeals for the Ninth Circuit · 2008
  3. Webster v. United States Department of AgricultureCourt of Appeals for the Fourth Circuit · 2012
  4. Wilderness Workshop v. United States Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2008
  5. Atchafalaya Basinkeeper v. U.S. Army Corps of Eng'rsCourt of Appeals for the Fifth Circuit · 2018

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