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SIERRA CLUB v. LYNN

No. 73-3378.

502 F.2d 43 (1974)

SIERRA CLUB et al., Plaintiffs-Appellants-Cross Appellees, Edwards Underground Water District et al., Intervenors-Appellants-Cross Appellees, v. James T. LYNN, Secretary of the U. S. Department of Housing and Urban Development, et al., Defendants-Appellees-Cross Appellants, San Antonio Ranch, Ltd., Defendant-Appellee-Cross Appellant, Texas Water Quality Control, Intervenor.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 19, 1974.

Attorney(s) appearing for the Case

George P. Parker, Jr., Jon C. Wood, Ferd C. Meyers, Jr., San Antonio, Tex., for Edwards Underground Water Dist.

Keith W. Burris, San Antonio, Tex., Bruce J. Terris, Washington, D. C., for Bexar County.

Phillip D. Hardberger, San Antonio, Tex., for Sierra Club and others.

Hugh P. Shovlin, Asst. U. S. Atty., William S. Sessions, U. S. Atty., San Antonio, Tex., for J. T. Lynn, and others.

Seagal V. Wheatley, San Antonio, Tex., (Carl R. Teague, Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., San Antonio, Texas, on the brief), for San Antonio Ranch, Ltd.

M. Lynn Taylor, Asst. Atty. Gen. of Tex., Environmental Prot. Div., Jerry Hill, Austin, Tex., for Tex. Water Quality.

Before WISDOM and CLARK, Circuit Judges, and GROOMS, District Judge.

Rehearing and Rehearing En Banc Denied November 19, 1974.

CLARK, Circuit Judge:

An offer of commitment by the United States Department of Housing and Urban Development (HUD) to guarantee an 18 million dollar private bond issue for the development of San Antonio Ranch New Town (Ranch) spawned this environmentalist litigation against defendants James T. Lynn, Secretary of HUD, and San Antonio Ranch, Ltd., the developer. Charging violations of the National Environmental...

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