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DAINGERFIELD ISLAND PROTECTIVE SOC. v. BABBITT

No. 93-5218.

40 F.3d 442 (1994)

DAINGERFIELD ISLAND PROTECTIVE SOCIETY, et al., Appellants, v. Bruce BABBITT, Secretary, U.S. Department of Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1994.

As Amended November 22, 1994.

Rehearing and Suggestion for Rehearing Denied February 8, 1995.

Attorney(s) appearing for the Case

Ronald J. Wilson, Washington, DC, argued the cause, for appellants.

Mark E. Nagle, Asst. U.S. Atty., Washington, DC, argued the cause for appellees. On brief for the government appellees were Eric H. Holder, Jr., U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

On brief for appellees Richmond, Fredericksburg and Potomac R. Co. and Potomac Greens Associates Partnership was Thomas F. Farrell II, Alexandria, VA.

Before WALD, WILLIAMS and HENDERSON, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied February 8, 1995.

Opinion for the court filed by Circuit Judge HENDERSON.

Opinion dissenting in part filed by Circuit Judge WALD.

KAREN LeCRAFT HENDERSON, Circuit Judge:

This case is before us for a second time, after remand to the district court. The facts and procedural history are set out in detail in the district court decisions1 and we provide here only...

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