359 F.3d 1257
GREATER YELLOWSTONE COALITION and Jackson Hole Conservation Alliance, Plaintiffs-Appellants,Snake River Fund, Plaintiff-Intervenor,v.Robert B. FLOWERS, Commander and Chief of Engineers, United States Army Corps of Engineers, in his official capacity; Kurt F. Ubbelohde, District Engineer of Omaha District, United States Army Corps of Engineers, in his official capacity; Canyon Club, Inc., a Wyoming corporation, Defendants-Appellees.
No. 03-8034.
United States Court of Appeals, Tenth Circuit.
March 2, 2004.

COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Timothy J. Preso (Douglas L. Honnold with him on the briefs), Earthjustice, Bozeman, MT, for Plaintiffs-Appellants.
Aaron P. Avila, United States Department of Justice, Environment and Natural Resources Division, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General, Washington, DC; Matthew H. Mead, United States Attorney, Cheyenne, WY; Carol A. Statkus, Assistant United Statesof Engineers ("Corps") to Canyon Club, Inc. ("Canyon Club"), a development company. The permit authorizes Canyon Club to proceed with constructing an upscale housing development and championship golf course on ranch land previously owned by Mr. L. Richard Edgcomb, Canyon Club's president and primary shareholder. The land lies along the Snake River in Teton County, Wyoming, in the vicinity of highly productive bald eagle nesting territory.


2
Two environmental groups, the Greater Yellowstone Coalition and the Jackson Hole Conservation Alliance (collectively referred to as the appellants), brought this suit against Corps officials (collectively referred to as the federal appellees) and Canyon Club, challenging the Corps' issuance of the permit as a final agency action and seeking a preliminary injunction on construction activities.1 The district court denied the appellants' motion for