CONSERVATION COUNCIL OF N. C. v. COSTANZO

No. 74-1881.

505 F.2d 498 (1974)

CONSERVATION COUNCIL OF NORTH CAROLINA et al., Appellants, v. Col. Albert C. COSTANZO, Wilmington District Engineer, Corps of Engineers, U. S. Army, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1974.


Attorney(s) appearing for the Case

Thomas J. Schoenbaum, Chapel Hill, N.C., and Norman B. Smith, Greensboro, N.C. (Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N.C., on brief), for appellants.

David A. Nash, Wilmington, N.C. (Hogue, Hill, Jones, Nash & Lynch, Wilmington, N.C., on brief), for appellee Carolina Cape Fear Corp.

Joseph W. Dean, Asst. U. S. Atty. (Thomas P. McNamara, U. S. Atty., on brief), for appellees.

Norton F. Tennille, Jr., Washington, D.C. (Richard J. Wertheimer and Arnold & Porter, Washington, D. C., on brief), for amici curiae.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.


PER CURIAM:

Conservation Council of North Carolina1 sought a preliminary injunction restraining Carolina Cape Fear Corporation from further construction of a marina on Bald Head Island and requiring Constanzo, District Engineer of the Army Corps of Engineers, to prepare and file a detailed environmental impact statement as required by 42 U.S. C. § 4332(2)(C).

Bald Head Island is located in the Atlantic Ocean at the mouth of...

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