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Case Summary Citation

620 F.3d 936 (9th Cir. 2010)

Abstract

A group of environmentalists brought suit against the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and the City of Redding, California, appealing decisions to approve the City‟s plan to build a business park on protected wetlands. The Ninth Circuit Court of Appeals held: (1) the Corps‟ decision to issue a dredge and fill permit to the City was not arbitrary and capricious; and (2) the FWS‟ finding of no “adverse modification” did not conflict with its determination that the proposed project would destroy critical habitat of protected vernal pool shrimp and Orcutt grass species.

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