Corps Must Hand Over Emails In BNSF Rail Yard Fight

Law360, New York (March 23, 2011, 4:18 PM EDT) -- A federal judge in Kansas on Wednesday ordered the U.S. Army Corps of Engineers to turn over five emails in a dispute over the potential environmental impacts of a rail yard and distribution center planned by BNSF Railway Co.

Magistrate Judge David Waxse of the U.S. District Court for the District of Kansas said the emails were not protected by attorney-client privilege, and ordered the Corps to hand them over to the plaintiffs — a group that includes the National Resources Defense Council — within 10...
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