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ENVIRONMENTAL DEFENSE FUND v. CORPS OF ENG., U. S. ARMY

No. 72-1326.

470 F.2d 289 (1972)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs-Appellants, v. CORPS OF ENGINEERS OF the UNITED STATES ARMY et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 28, 1972.

Attorney(s) appearing for the Case

Richard S. Arnold, Texarkana, Ark., for plaintiffs-appellants.

Glen R. Goodsell, Atty., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before MATTHES, Chief Judge, LAY and HEANEY, Circuit Judges.

MATTHES, Chief Judge.

This is another of the rapidly increasing number of cases which are focused in large part upon, and result from the adoption of, the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4347, which was passed by the Congress of the United States in December, 1969, and became effective January 1, 1970.

This litigation was triggered by the construction of a project known as Gillham Dam on the Cossatot River in Arkansas...

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