The AVOYELLES SPORTSMEN'S LEAGUE, INC., et al., Plaintiffs-Appellees Cross-Appellants,
v.
John O. MARSH, Jr., Secretary of the Army, etc., et al., Defendants,
Elder Realty Company, Inc., Defendant-Appellant Cross-Appellee.
The AVOYELLES SPORTSMEN'S LEAGUE, INC., et al., Plaintiffs-Appellees,
v.
John O. MARSH, Jr., Secretary of the Army, etc., et al., Defendants-Appellants,
Elder Realty Company, Inc., Defendant-Appellant,
George Bartmess, et al., Intervenors-Appellants,
Louisiana Department of Agriculture, Movant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
September 26, 1983.
September 26, 1983.
Attorney(s) appearing for the Case
Charles K. Reasonover, New Orleans, La., for Elder Development, Inc., Joe Elder.
Edwin R. Woodman, Jr., Baton Rouge, La., for La. Dept. of Natural Resources.
James T.B. Tripp, New York City, for Environmental Defense Fund.
Milling, Benson, Woodward, Hillyer, Pierson & Miller, Joseph E. LeBlanc, Jr., New Orleans, La., for Landowners Ass'n, Inc.
Dupuy & Didier, Marc Dupuy, Jr., Marksville, La., for Bartmess, et al.
D.H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., Edward J. Shawaker, Atty., Dept. of Justice, Land & Natural Resources, Washington, D.C., for John O. Marsh, et al.
Gene W. Lafitte, New Orleans, La., for amicus curiae Chamber Legal Center.
Robert S. Leake, Winston W. Riddick, Sr., Baton Rouge, La., for La. Dept. of Agr.
Gaharan & Wilson, Donald R. Wilson, Jena, La., for Avoyelles, Pointe Basse & Ira Marcott.
Bram D.E. Canter, Asst. Gen. Counsel, Dept. of Environmental Regulation, Tallahassee, Fla., for amicus curiae State of Fla., Dept. of Environmental Regulation.
Before CLARK, Chief Judge, THORNBERRY and RANDALL, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RANDALL, Circuit Judge:
This is an appeal from a district court judgment that enjoined the private defendants1 from any additional clearing, except by permit under 33 U.S.C. § 1344 (Supp. V 1981), of certain lands determined by the district court to be wetlands. The federal defendants2 contend that the district court should have reviewed the Environmental Protection Agency's ("EPA") final wetlands determination...
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