NATURAL RESOURCES DEFENSE COUNCIL, INC. v. GRANT

Civ. No. 754.

355 F.Supp. 280 (1973)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs, v. Kenneth E. GRANT, in his official capacity as administrator, United States Department of Agriculture, soil conservation service, et al., Defendants, Robert D. Stokes et al., Intervenors, Pitt County Drainage District Number Nine, Intervenor.

United States District Court, E. D. North Carolina, Washington Division.

February 3, 1973.


Attorney(s) appearing for the Case

John G. Shaw, of Clark, Clark, Shaw & Clark, Fayetteville, N. C., Richard J. Wertheimer, Norton F. Tennille, Jr., of Arnold & Porter, Washington, D. C., J. G. Speth, National Resources Defense Council, Inc., Washington, D. C., for plaintiffs.

Thomas P. McNamara, U. S. Atty., E. D. N. C., Raleigh, N. C., John R. Hughes, Asst. U. S. Atty., E. D. N. C., Land & Natural Resources Section, Raleigh, N. C., Stewart Schoenberg, Land & Natural Resources Division, U. S. Dept. of Justice, Washington, D. C., for defendants.

Frank M. Wooten, Jr., Greenville, N. C., Charles B. Winberry, Jr., of Biggs, Meadows & Batts, Rocky Mount, N. C., Clifton W. Everett, of Everett & Cheatham, Bethel, N. C., for intervenors.


LARKINS, District Judge:

"The river . . . is the living symbol of all the life it sustains or nourishes—fish, aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and all other animals, including man, who are dependent on it or who enjoy it for its sight, its sound, or its life." Justice William O. Douglas, dissenting in Sierra Club v. Morton, 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972)

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