Legal Opinion

Sierra Club v. United States Army Corps of Engineers

Court of Appeals for the Eighth Circuit

Decided July 14, 2011No. 10-3452, 10-3456PublishedCited by 94 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

The Sierra Club and several related parties brought this action against the U.S. Army Corps of Engineers (the Corps) in February 2010, seeking to set aside a Clean Water Act permit (the § 404 permit) the Corps had issued to the Southwestern Electric Power Company (SWEPCO) which planned to construct a new power plant. After SWEPCO intervened as a defendant, the Sierra Club moved to enjoin construction of the plant. The Hempstead County Hunting Club (Hunting Club) filed a similar action against SWEPCO, the Corps, and the U.S. Fish and Wildlife Service (FWS) in July 2010.…

2Cases cited26 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977

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3Cited by94 opinions

  1. Drakes Bay Oyster Company v. Sally JewellCourt of Appeals for the Ninth Circuit · 2013
  2. Kevin Scott Karsjens v. Emily Johnson PiperCourt of Appeals for the Eighth Circuit · 2017
  3. Richland/Wilkin Joint Powers Authority v. United States Army Corps of EngineersCourt of Appeals for the Eighth Circuit · 2016
  4. Dennis Strutton v. Linda MeadeCourt of Appeals for the Eighth Circuit · 2012
  5. Cigna Corporation v. Amy BrickerCourt of Appeals for the Eighth Circuit · 2024

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