Legal Opinion

Hillsdale Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers

Court of Appeals for the Tenth Circuit

Decided November 28, 2012No. 11-3210PublishedCited by 64 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

This case concerns the construction of a new Burlington Northern Santa Fe (BNSF) rail/truck terminal outside Kansas City, Kansas. Because the preferred site contained streams and wetlands protected under federal law, several groups (collectively, Hillsdale) brought challenges to a dredge and fill permit issued by the United States Army Corps of Engineers (Corps) under the Clean Water Act, 33 U.S.C. §§ 1251-1387, and the National Environmental Policy Act, 42 U.S.C. §§ 4321-4370H. The district court denied Hills-dale’s motion for an injunction and granted summary…

2Cases cited39 opinions

  1. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  2. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  3. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  4. Monsanto Co. v. Geertson Seed FarmsSupreme Court of the United States · 2010
  5. Department of Transportation v. Public CitizenSupreme Court of the United States · 2004

34 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. BNSF Railway Co. v. United States Department of LaborCourt of Appeals for the Tenth Circuit · 2016
  2. Dine Citizens Against Ruining Our Environment v. HaalandCourt of Appeals for the Tenth Circuit · 2023
  3. Sierra Club, Inc. v. BostickCourt of Appeals for the Tenth Circuit · 2015
  4. WildEarth Guardians v. United States Fish & Wildlife ServiceCourt of Appeals for the Tenth Circuit · 2015
  5. Ron Peterson Firearms, LLC v. JonesCourt of Appeals for the Tenth Circuit · 2014

59 more not listed; retrieve them via the Exa API.

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