BORDEN RANCH PARTNERSHIP et al. v. UNITED STATES ARMY CORPS OF ENGINEERS et al.

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99 OCTOBER TERM, 2002
Syllabus
BORDEN RANCH PARTNERSHIP et al. v. UNITED
STATES ARMY CORPS OF ENGINEERS et al.
certiorari to the united states court of appeals for
the ninth circuit
No. 01–1243. Argued December 10, 2002—Decided December 16, 2002
261 F. 3d 810, affirmed by an equally divided Court.
Timothy S. Bishop argued the cause for petitioners.
With him on the briefs were Arthur F. Coon, Kyriakos
Tsakopoulos, and Edmund L. Regalia.
Jeffrey P. Minear argued the cause for respondents.
With him on the brief were Solicitor General Olson, Assist-
ant Attorney General Sansonetti, Deputy Solicitor General
Wallace, David C. Shilton, and Sylvia Quast.*
*Briefs of amici curiae urging reversal were filed for the State of Ala-
bama et al. by William H. Pryor, Jr., Attorney General of Alabama, Na-
than A. Forrester, Solicitor General, and Alyce S. Robertson, Deputy Solic-
itor General, and by the Attorneys General for their respective States as
follows: Bruce M. Botelho of Alaska, James E. Ryan of Illinois, Carla J.
Stovall of Kansas, Richard P. Ieyoub of Louisiana, Don Stenberg of Ne-
braska, Betty D. Montgomery of Ohio, D. Michael Fisher of Pennsylvania,
John Cornyn of Texas, and Jerry W. Kilgore of Virginia; for the American
Farm Bureau Federation et al. by John J. Rademacher; for the American
Forest & Paper Association by Steven P. Quarles, J. Michael Klise, Ellen
B. Steen, and William R. Murray; for the California Farm Bureau Federa-
tion et al. by Robin L. Rivett and M. Reed Hopper; for the National Associ-
ation of Home Builders by Virginia S. Albrecht, Andrew J. Turner, Duane
J. Desiderio, and Thomas Jon Ward; for the National Stone, Sand and
Gravel Association et al. by Lawrence R. Liebesman; and for Save Our
Shoreline by Nancie G. Marzulla, Roger J. Marzulla, Brenda D. Colella,
and David L. Powers.
Briefs of amici curiae urging affirmance were filed for the State of New
Jersey et al. by David Samson, Attorney General of New Jersey, and
Patrick DeAlmeida and Rachel J. Horowitz, Deputy Attorneys General,
and by the Attorneys General for their respective States as follows: Earl
I. Anzai of Hawaii and Darrell V. McGraw, Jr., of West Virginia; for the

537US1 Unit: $U11 [05-12-03 20:05:29] PAGES PGT: OPIN
100 BORDEN RANCH PARTNERSHIP v. ARMY CORPS
OF ENGINEERS
Per Curiam
Per Curiam.
The judgment is affirmed by an equally divided Court.
Justice Kennedy took no part in the consideration or
decision of this case.
Association of State Wetlands Managers by Patrick A. Parenteau; for the
National Wildlife Federation et al. by Howard I. Fox; and for Dr. Joy
Zedler et al. by John D. Echeverria.