ENVIRONMENTAL DEFENSE FUND, INC. v. FROEHLKE

No. 20164-1.

348 F.Supp. 338 (1972)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs, v. Robert FROEHLKE, Secretary of the Army, et al., Defendants, and City of Osceola, Missouri, et al., Defendants-Intervenor.

United States District Court, W. D. Missouri, W. D.

Memorandum Opinion October 10, 1972.


Attorney(s) appearing for the Case

Edward Lee Rogers, East Setauket, N. Y., Arthur A. Benson, II, Kansas City, Mo., for plaintiffs.

Irwin L. Schroeder, Dept. of Justice, Washington, D. C., David M. Proctor, Jr., Asst. U. S. Atty., Kansas City, Mo., for Federal defendants.

Lyman Field, Reggie C. Giffin, Kansas City, Mo., for City of Osceola, Mo., et al.

F. Phillip Kirwan, Patrick E. Hartigan, Kansas City, Mo., for Tobin Const. Co.

John C. Danforth, Atty. Gen. State of Missouri, Walter W. Nowotny, Jr., Asst. Atty. Gen. State of Missouri, Jefferson City, Mo., for State of Missouri.

William H. Bates, Joseph E. Stevens, Kansas City, Mo., for Guy F. Atkinson Co.

John Manning, Kansas City, Mo., for Operating Engineers Local No. 101.


JOHN W. OLIVER, District Judge.

MEMORANDUM AND ORDER

I.

Plaintiffs' complaint for injunction and declaratory judgment, filed March 6, 1972, alleged that their action arose under the National Environmental Policy Act of 1969 (NEPA), 42 United States Code §§ 4321 et seq.; the Fish and Wildlife Coordination Act of 1934, as amended, 16 United States Code §§ 661 et seq.; the Environmental Quality Improvement Act of 1970, 42 United...

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