Flowers

Save Our Sonoran, Inc. v. Flowers

Good Law
408 F.3d 1113·2005 WL 1229750·2005 U.S. App. LEXIS 9534
United States Court of Appeals for the Ninth CircuitMay 25, 200502-16156, 02-16263, 02-16355California5,244 words

Opinion

Opinion

Thomas, J.

ORDER AND. AMENDED OPINION

ORDER

The attached amended opinion is substituted for the original opinion filed by the panel. With the amendments, the panel has voted to deny the petition for rehearing.

The petition for rehearing en banc was circulated to the entire court. No judge of the court called for a vote on the petition for rehearing en banc within the time established to do so.

The petition for rehearing and petition for rehearing en banc are DENIED.

No further petitions for rehearing will be entertained.

OPINION

In this appeal, we consider the management of the waterways in Arizona’s Sono-ran desert. This case, of course, inevitably brings to mind the exchange between Claude Rains and Humphrey Bogart in Casablanca (Warner Bros.1942), which aptly distills this dispute to its essence:

In our case, it was not Rick Blaine, but the United States Army Corps of Engineers that came to the desert for the waters. An aspiring desert developer, 56th & Lone Mountain, L.L.C. (“Lone Mountain”), sought and obtained a Clean Water Act (“CWA”) dredge and fill permit from the Corps for the construction of a gated community near Phoenix. The permit was required, and the Corps’…

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