Legal Opinion

Northwest Bypass Group v. U.S. Army Corps of Engineers

District Court, D. New Hampshire

Decided January 5, 2007No. Civil 06-CV-00258-JAWPublishedCited by 12 opinions

1Opinion of the Court

ORDER ON PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

WOODCOCK, District Judge.

I. Introduction

Northwest Bypass Group, 1 Morton and Carolyn Tuttle, 2 and Leslie Ludtke, 3 allege that the United States Army Corps of Engineers (Corps) violated the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA), when it issued a permit pursuant to Section 404 of the CWA, allowing the City of Concord to fill 3.5 acres of wetlands to build a 4,300-foot connector road. 4 In a comprehensive 19-count complaint spanning 140 pages, the Plaintiffs…

2Cases cited55 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  4. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  5. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989

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3Cited by12 opinions

  1. Northwest Bypass Group v. U.S. Army Corps of EngineersDistrict Court, D. New Hampshire · 2008
  2. Tennessee Environmental Council v. Tennessee Valley AuthorityDistrict Court, E.D. Tennessee · 2014
  3. Friends of Magurrewock, Inc. v. United States Army Corps of EngineersDistrict Court, D. Maine · 2007
  4. Surplec, Inc. v. Maine Public Service Co.District Court, D. Maine · 2007
  5. Northwest Bypass Group v. U.S. Army Corps of EngineersDistrict Court, D. New Hampshire · 2008

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