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ENVIRONMENTAL DEF. F., INC. v. CORPS OF ENG. OF U. S. ARMY

No. 72-2874.

492 F.2d 1123 (1974)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs-Appellants, v. CORPS OF ENGINEERS OF the UNITED STATES ARMY et al., Defendants-Appellees, Tennessee-Tombigbee Waterway Development Authority and Tombigbee River Valley Water Management District, Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

April 19, 1974.

Attorney(s) appearing for the Case

Richard S. Arnold, Texarkana, Ark., Jon T. Brown, Washington, D. C., for plaintiffs-appellants.

Irwin Goldbloom, A. Theodore Giattina, Civ.Div., Morton Hollander, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for Corps of Engineers.

John H. Gullett, Washington, D. C., for intervenors.

Hunter M. Gholson, Water Development Authority, Columbus, Miss., for Tennessee-Tombigbee.

Fred M. Bush, Jr., Water Management District, Tupelo, Miss., for Tombigbee River Valley.

H. M. Ray, U. S. Atty., Oxford, Miss., for defendants-appellees.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

CLARK, Circuit Judge:

This is an environmentalist action to enjoin the construction of the Tennessee-Tombigbee Waterway, a navigation project in Mississippi and Alabama. The appellate issue is whether the United States Army Corps of Engineers complied with the duties imposed by the National Environmental Policy Act of 1969 [NEPA].1 The plaintiffs assert that the Corps did not fulfill the basic intent of NEPA that federal agencies utilize...

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